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These notes relate to the Serious Organised Crime and Police Act 2005 (ISBN 0105416053) which is in six parts with 17 schedules and contains provisions to establish the Serious Organised Crime Agency (SOCA), including its functions and general powers, financial provisions and operational matters, complaints procedure, matters relating to prosecutions, use and disclosure of information. Other measures relate to investigatory powers of the Director of Public Prosecutions; offenders assisting investigations and prosecutions; financial reporting orders; protection of witnesses; proceeds of crime; police powers; public order and conduct in public places, including harassment, trespass and anti-social behaviour.
This is the fourth edition of what is the leading practitioner's text on freedom of information law. Providing in-depth legal analysis and practical guidance, it offers complete, authoritative coverage for anyone either making, handling or adjudicating upon requests for official information. The three years since the previous edition have seen numerous important decisions from the courts and tribunals in the area. These and earlier authorities supply the basis for clear statements of principle, which the work supports by reference to all relevant cases. The book is logically organised so that the practitioner can quickly locate the relevant text. It commences with an historical analysis that sets out the object of the legislation and its relationship with other aspects of public law. Full references to Hansard and other Parliamentary materials are provided. This is followed by a summary of the regime in five other jurisdictions, providing comparative jurisprudence which can assist in resolving undecided points. The potential of the Human Rights Act 1998 to support rights of access is dealt with in some detail, with reference to all ECHR cases. Next follows a series of chapters dealing with rights of access under other legislative regimes, covering information held by EU bodies, requests under the Data Protection Act and the Environmental Information Regulations, public records, as well as type-specific rights of access. These introduce the practitioner to useful rights of access that might otherwise be overlooked. They are arranged thematically to ensure ready identification of potentially relevant ones. The book then considers practical aspects of information requests: the persons who may make them; the bodies to whom they may be made; the time allowed for responding; the modes of response; fees and vexatious requests; the duty to advise and assist; the codes of practice; government guidance and its status; transferring of requests; third party consultation. The next 13 chapters, comprising over half the book, are devoted to exemptions. These start with two important chapters dealing with general exemption principles, including the notions of 'prejudice' and the 'public interest'. The arrangement of these chapters reflects the arrangement of the FOI Act, but the text is careful to include analogous references to the Environmental Information Regulations and the Data Protection Act 1998. With each chapter, the exemption is carefully analysed, starting with its Parliamentary history (giving full references to Hansard and other Parliamentary material) and the treatment given in the comparative jurisdictions. The analysis then turns to consider all court judgments and tribunal decisions dealing with the exemption. The principles are stated in the text, with footnotes giving all available references. Whether to prepare a case or to prepare a response to a request, these chapters allow the practitioner to get on top of the exemption rapidly and authoritatively. The book concludes with three chapters setting out the role of the Information Commissioner and the Tribunal, appeals and enforcement. The chapter on appeals allows the practitioner to be familiar with the processes followed in the tribunal, picking up on the jurisprudence as it has emerged in the last eight or so years. Appendices include: precedent requests for information; a step-by-step guide to responding to a request; comparative tables; and a table of the FOI Act's Parliamentary history. Finally, the book includes an annotated copy of the FOIA Act, the Data Protection Act 1998, the Environmental Information Regulations 2004, all subordinate legislation made under them, EU legislation, Tribunal rules and practice directions, and the Codes of Practice.ContributorsProf John Angel, former President of the Information TribunalRichard Clayton QC, 4-5 Gray's Inn SquareJoanne Clement, 11 KBWGerry Facena, Monkton ChambersEleanor Gray QC
“An essential addition to the bookshelf of any practitioner who has to consider information rights, however often. The book is the best kind of practitioner text: practical and clear, but also scholarly, thoughtful and analytical.” (Sarah Hannett KC, Judicial Review) Retaining the position it has held since first publication, this is the 6th edition of the leading practitioner text on all aspects of information law. The latest edition includes a substantially enlarged set of chapters on appeals, enforcement, and remedies, as well as covering over 250 new judgments and decisions published since the last edition. Information Rights has been cited by the Supreme Court, Court of Appeal and the Tribunals, and is used by practitioners, judges and all those who practise in the field, including journalists. The new edition maintains its style of succinct statements of principle, supported by case law, legislative provisions, and statutory guidance. The work is divided into 2 volumes. Volume 1 is a 1,500-page commentary, with a comprehensive coverage of the data protection regime, freedom of information and environmental information law, as well as other rights of access to official information such as local government legislation and the Public Records Act. There is detailed coverage of appeal and regulatory procedures. Volume 2 comprises extensive annotated statutory material, including the DPA 2018, the UK GDPR, FOIA, Tribunal rules and statutory guidance. Contributors: James Findlay KC, Olivia Davies, John Fitzsimons, Richard Hanstock and Dr Christina Lienen (all of Cornerstone Barristers); Antony White KC, Sarah Hannett KC, Sara Mansoori KC and Aidan Wills (all of Matrix Chambers); Aidan Eardley KC and Clara Hamer (both of 5RB); Rupert Bowers KC and Martin Westgate KC (both of Doughty Street Chambers); Henry King KC and Bankim Thanki KC (both of Fountain Court Chambers); James Maurici KC and Jacqueline Lean (both of Landmark Chambers); Gemma White KC (Blackstone Chambers); Oliver Sanders KC (1 Crown Office Row); Saima Hanif KC (3VB); Jennifer Thelen (39 Essex Chambers); and Simon McKay (McKay Law).
Royal assent, 25th April 2013. An Act to establish and make provision about, the National Crime Agency; to abolish the Serious Organised Crime Agency and the National Policing Improvement Agency; to make provision about the judiciary and the structure, administration, proceedings and powers of courts and tribunals; to make provision about deferred prosecution agreements; to make provision about border control; to make provision about drugs and driving. Explanatory notes to the Act are available separately (ISBN 9780105622130)
Organised Crime and the Law presents an overview of the laws and policies adopted to address the phenomenon of organised crime in the United Kingdom and Ireland, assessing the changes to these justice systems, in terms of the prevention, investigation, prosecution and punishment of such criminality. While the notion of organised crime is a contested one, States' legal responses treat it and its constituent offences as unproblematic in a definitional sense. This book advances a systematic doctrinal critique of these domestic criminal laws,laws of evidence and civil processes. Organised Crime and the Law focuses on the tension between due process and crime control, the demands of public protection and risk aversion, and other adaptations. In particular, it identifies parallels and points of divergence between the different jurisdictions in the UK and Ireland, bearing in mind the shared history of subversive threats and counter-terrorism policies. It also examines the extent to which policy transfer is evident in the UK and Ireland in terms of emulating the United States in reacting to organised crime.
Led by Professor David Ormerod and David Perry QC, our team of authors has been hand-picked to ensure that you can trust our unique combination of authority and practicality. With a simultaneous supplement containing essential materials, you can rely on Blackstone's Criminal Practice to be your constant companion through every courtroom appearance. This new edition has been meticulously revised to provide extensive coverage of all new legislation, case law, and Practice Directions. With free Quarterly Updates, and monthly web updates, you can trust Blackstone's Criminal Practice to provide reassurance on all the latest developments in criminal law and procedure.
Led by David Ormerod QC (Hon) and David Perry QC, our team of authors has been hand-picked to ensure that you can trust our unique combination of authority and practicality. With a simultaneous supplement containing essential materials, you can rely on Blackstone's Criminal Practice to be your constant companion through every courtroom appearance. This new edition has been meticulously revised to provide extensive coverage of all new legislation, case law, and Practice Directions. With supplements, free quarterly updates, and monthly web updates, you can trust Blackstone's Criminal Practice to provide reassurance on all the latest developments in criminal law and procedure.
Terrorism, Law and Policy: A Comparative Study is a textbook offering a comparative study of the terrorism-related legislation, policy and practice introduced from international governmental bodies such as the UN and the European Union, and individual states, with a focus on Australia, Canada, New Zealand, the UK and the US. It offers a uniquely legal perspective on key themes relating to terrorism and security. This new edition is brought fully up to date with the ever-changing developments in terrorist activity, as well as in states’ approaches to anti-terrorism legislation and policy. It includes new chapters on the far-right and extreme far-right cause, one on offering a comparative study of the anti-terrorism policies of states and international bodies, and the role of international and national counter-terrorism agencies, planning and preparing acts of terrorism and a new chapter on freedom of expression, hate crime and proscribing groups as terrorist organisations. Terrorism, Law and Policy: A Comparative Study is ideally suited for terrorism and security modules at undergraduate and postgraduate levels, and will also be of interest to practitioners working on the legal aspects of these areas.
Terrorism: Law and Policy provides a comprehensive socio-legal analysis of issues related to terrorist activity. Aimed at both undergraduate and postgraduate students, the book takes a comparative approach to the law related to terrorism in a number of states, mainly those in Europe, North America, Australia and New Zealand. Beginning with an examination of the background to various currently active terrorist groups, the book focuses on those groups which are currently active and which pose a threat to security, especially at the international level. The chapters take the reader through the legal definitions of terrorism contained in various states’ statutory provisions and examine how the courts have interpreted terrorism in those states’ jurisdictions. The main aim of any terrorist investigation is prevention and so the book examines the various statutory preventative measures that states have introduced and explores the legal issues surrounding surveillance, terrorism intelligence exchange, radicalisation, use of social media, quasi-criminal provisions, asset-freezing and the nexus between terrorist activity and organised crime. Bringing together a number of themes related to terrorism and security from a uniquely legal perspective, this book builds a comparative picture of the legal counter-terrorism interventions states are adopting to increase co-operation and adopt a more united approach in the face of the international terrorism threat.