Table Of Content

Justice of the Peace & Local Government Law VOLUME CLX 1996 INDEX (ARTICLES REFERENCES ARE GIVEN IN ITALIC TYPE) (An Index to Cases Referred to is given at p.1218, post) prospective adopters (Re P (Minors) Abuse of process (see also "Magistrates"), established (Breakdown of Adoption Placement), N.C.) principles and case-law examined in the light -, Surrogacy, position where mother agreeing to of the decision in R. v. Maxwell and Others bear a baby for childless couple changes staying proceedings in, case-law mind and opposes adoption 895 when delay can be cited as, only prospect of Aggregates planning advisory bodies, membership serious prejudice to defendant would broadened to reflect wider environmental allow justices to dismiss prosecution and industry interests 276A Addresses, unusually addressed post, e.g. Agriculture, farmers to be encouraged to make better "Dear Justice of the Peace Limited" use of organic nutrients from farm wastes 697 Adoption (see also "Children and Young Persons"; "Aiding and abetting", whether mere presence at "Family Proceedings") scene enough 389 child freed for adoption, potential adopters with, Aircraft, foreign, crimes abroad, Civil Aviation drawing, no adoption within 12 months, child (Amendment) Act 1996, Royal Assent severely disturbed, mother applying for (Home Office Circular 36/1996) 578, 579 revocation of freeing order, criteria to All England Law Reports, purporting to contain be applied (Re G (M) (A Minor) (Adoption: errors over the years and replacement to Freeing Order), N.C.) volumes be sent, malicious falsehood contact between adults after adoption to enable perpetrated on Butterworths birth parent to have information Affray, need for notional third party to be put (Parliamentary question) in fear (R. v. Sanchez, N.C.) disclosure of confidential material, House of Alcohol, under-age drinking in public places, Lords’ guidelines Home Office announce plans to deal with disclosure of information, child adopted in 1960, Allen Lane, Penguin, and "Lady Chatterley's birth mother applying for order for information Lover", a look back at the case held by Registrar General to be disclosed Appeals to the Post-Adoption Centre, undertaken -, appeal by way of case stated from magistrates’ that information would not be revealed to court, bail granted pending determination the applicant without the express written of the appeal, notice given to abandon consent of the adoptee, whether sufficient appeal, procedure weight and justification for order, whether -, -, form of appeal, s.111 Magistrates’ Courts any need or benefit relating to the adoptee, Act 1980 test to be applied (D v. The Registrar appeal against dismissal of application for General, N.C.) judicial review, appellant's registration foreign national children, rules governing transfer as foster carer terminated by local of consent by natural parents authority, whether circumstances in which (Parliamentary question) decision made to terminate foster carer parties to application, natural father not having registration breached rules of fairness parental responsibility, whether mandatory or natural justice (R. v. Avon County for him to be joined as respondent to adoption Council, ex parte Crabtree, N.C.) application (Re C (Adoption: Parties), N.C.) by way of case stated, High Court cautious placement of brother and sister for adoption, before interfering with findings of placement of sister breaking down, separation fact, unless perverse or unreasonable of siblings as prospective adopters refusing by way of rehearing, court can receive admission to take girl back to their home, prospective of fresh evidence and/or facts adopters applying to adopt boy, local civil, new Practice Directions authority taking view that both siblings -, procedure on to House of Lords, latest should stay together, application for edition of the Blue Book leave to remove boy from home of the costs in, unnecessary in bringing criminal appeals, need to avoid the "scatter- grants bail on some conditions, gun" approach jurisdiction to vary bail conditions -, Criminal Appeal Act 1995 - Commencement (R. v. Lincoln Magistrates’ Court, Order No.1 (Home Office Circular 66/95) ex parte Mawer, N.C.) 100 -, Criminal Appeals (the Red Book), Practice -, hostels, guiding and monitoring offenders, Directions applicable to, amendments contribution to 183, 210 -, justices’ refusal to make parental responsibility -, remand in custody for more than eight clear order, proper application of "no order" days, s.128A Magistrates' Courts Act 1980, principle (ReA (A Minor) (Parental whether defendant's consent required, Responsibility), N.C.) meaning of the phrase, "next stage -, s.142 Magistrates’ Courts Act 1980 as amended in the proceedings" by s.26 Criminal Appeal Act 1995, whether -, transfer for trial, defendant subject to conditional s.26 has retrospective effect bail, application to vary bail conditions, Ariane Satellite Launcher, failure of, Government jurisdiction to hear bail applications making the best of a bad job Bankruptcy, partners, wife of one partner paid sum in Arts, Institute of Leisure & Amenity Management partnership account, by trading increases sum, (ILAM) call for increased help from National whether trustee and _ entitled to keep profits Lottery Asil Nadir, financier who handled money allegedly Bar stolen from Polly Peck sentenced, how reported -, Association of Taxation Technicians, approved in his newspaper, Cyprus Today for gaining direct professional access to Bar Assault -, barristers, and solicitors, dual qualification -, arising from a motoring incident, Court of possible, Professional Standards of Appeal guidance on sentencing the Bar Council advises -, common assault or ABH, charging standards -, duty to advance client's case, does not -, consent as a defence to, case-law reviewed extend to covering allegation that -, football context, football fan who provoked trial Judge was corrupt or biased, Eric Cantona convicted, criticism of implication for legal aid seven days' imprisonment for assault on -, recoverable costs of action may be reduced prosecuting solicitor, whether justified if unreasonably expensive -, indecent assault, sentencing for, Court of -, Law Society and Bar Council agree no Appeal guidance disbarment if transfer to solicitor, Assistant recorders, time-limited selection Bar Council with qualifications procedures extended "Chambers", new television series, avoiding usual Asylum seekers and other people from abroad, jokes, including about briefs 383 reform of benefit arrangements examinations, results, number of persons from Attempt to commit offence, line of demarcation abroad passing examinations, implications of 483 between preparatory acts and acts constituting -, role-playing sessions part of 227 attempt (R. v. Geddes, N.C.) honorary memberships conferred by Bar Council 690 Audit, internal, importance of effective, leading counsel, example of complimentary help CIPFA report to young barrister 1006 Auschwitz, let half-wits deny not to sell annuities 39 Western Circuit Ball, theme changed because of Rosemary West trial 33 B Bias, test to be applied in relation to decisions made Bagpipes, playing on Hampstead Heath, by public and administrative bodies, whether or byelaw against, claim by player that not test the same as that applied in judicial bagpipes were instrument of war 483, 761, 1038 proceedings (R. v. Secretary of State for the Bail (see also "Magistrates") Environment and William Morrison Super- -, Act offences, justifying grant of criminal market ple, ex parte Kirkstall Valley legal aid orders, provisions examined 231, 251 Campaign Limited) [Law Report} after conviction, role of the prosecution Birds of a feather, featured prominently examined 721 in summer court cases conditions, breach of, pursuant to s.7 Bail Birth control case, the libel case of Dr. Marie Stopes Act 1976, procedure examined Blind, is it justice when a blind person is barred -, jurisdiction to vary 37 from becoming a magistrate? decision where bail refused on previous hearing, Books, banning, USA "Bible Belt" ban number of and subsequently by a Judge in Chambers, familiar titles, whether books should be whether court following two successive banned by committee and not by court order 1079 applications res judicata, Bail Act 1976, Box and Cox and Cox again 499 sch.1, Part IIA Breach of the peace, legal definition, circumstances res judicata, effect of a successful appeal justifying arrest 356 by the prosecution under the Bail British Constitution, whether should be reformed 513 Amendment Act Browne, Frederick Guy (1928) and William granted, again and again, whether court should Henry Kennedy (1928) 35 look closer at background of case and Brougham, Lord, cold and hungry at Pocklington 223 previous offences BSE in cattle and CJD in humans, effect of -, oncommittal to Crown Court for trial, Agriculture Act 1970 examined 256 following arraignment, Crown Court -, export of beef, appeal to European Court 435 -, furore over, is it a question of "when reason paediatrician and recommendations sleeps?" of guardian ad litem, whether Judge -, legal help for farmers with problems erred in law in not acting upon -, range of problems reviewed unanimous opinions of expert wit- Building regulations, fees, no longer carry VAT ness and guardian ad litem (Re B Burden of proof and the presumption of innocence, (A Minor) (Rejection of Expert experiences in Canadian and Irish jurisdictions Evidence), N.C.) Burglary, defendant trapped half way through application for care order, Judge making window, whether capable of constituting supervision order with conditions, entry within s.9(1) of Theft Act 1968 whether jurisdiction to make such (R. v. Ryan, N.C.) 533, 696 an order, Judge's discretion to make -, dwelling-house, sentencing for, decision in R. care or supervision order, factors v. Brandy; R. v. Edwards reviewed 750, 835 to be taken into account, reasoning -, number domestic, sentencing to be stated clearly (Re S (A Minor) (Parliamentary question) 258 (Care or Supervision Order), N.C.) Burns, Robert, two hundredth anniversary of death application involving a number of children of of, Post Office stamps to commemorate 99 the family, one child dissenting from local Businesses, small and medium enterprises (SMEs) authority's proposed care plan, whether one guaranteed EC loans solicitor could both support the care plan Byelaws, whether or not HMS Forest Moor and and represent the child opposed to it Menwith Hill Station Byelaws 1986 valid, (Re P (Minors) (Representation), N.C.) approach to be followed by the courts in application to discharge care orders, determining whether or not byelaws void Magistrates stopping application for uncertainty, whether or not defence after hearing evidence of applicant of lawful justification is available mother, whether proper exercise of to a constable who makes an arrest pursuant magistrates’ discretion (P v. to byelaws which are subsequently declared Bradford Metropolitan Borough void for uncertainty (Lindis Elizabeth Council, N.C.) [Law Report] 100, 645 Percy and Another and Rachel Diane baby abandoned, no parent or relative able Greaves v. Andrew Spencer Hall and to be traced, whether threshold criteria Others, N.C.) [Law Report] established, whether care order should be made (Re MM (Care Order: C Abandoned Baby), N.C.) Capital punishment, a room with a view for the care or supervision order, getting over the victim's family at execution of killer threshold criteria, an exegesis of s.31(2) in USA, is this one good reason why we Children Act 1989 do not have capital punishment here? 856 child suffering subdural haematoma, question Car ringing, length of sentence for this offence, of accidental or non-accidental injury, Court of Appeal guidance 179 consideration of expert evidence, Case names, some unusual 320 application of threshold criteria Census, 2001, asking for person's religious faith, (Manchester City Council v. R.) implications of 1045 delay, determination of care proceedings "Chair", for "chairman/woman", why this description? 239 delayed, failure of legal representatives Charities, animal sanctuary removed from register 435 to properly consider discovery, issue -, events to be allowed on set-aside land 697 of discovery to be considered prior Chartered Institute of Public Finance and Accountancy to pre-trial review (Director of (CIPFA), confidential information helpline Public Prosecutions v. McVitie, N.C.) on education and training schemes 436A direction given for assessment of parents Children and Young Persons (see also and children, assessment delayed, "Adoption"; "Evidence"; "Family justices proceeding to final Proceedings"; "Juvenile Offenders"; hearing without assessment being "Magistrates"; "Sentencing"; undertaken contrary to direction "Young Offenders"; "Youth Court") given only 13 days earlier, care attendance centres, Circular No.5/95 orders made, whether justices blood tests, issue of paternity, application plainly wrong to determine case without by husband for contact with child, mother the assessment previously directed, alleging cohabitee child's father, mother application of principle against seeking direction for blood tests, delay (Re S (Minors) (Care Order: application refused, application Delay Principle), N.C.) determined to be premature, whether -, -, discharge of care orders, whether application Judge failed to apply appropriate for discharge more appropriate than principles when considering application application for extension of time (Re L (A Minor) (Blood Tests), N.C.) for appeal, whether court considering care proceedings, abandoned babies, whether discharge application bound by baby taken in by social services now findings of fact in original care in need of care, whether act of proceedings (Re S (Minors) (Care abandonment places baby at risk Orders: Appeal Out of Time), N.C.) -, -, allegation of non-accidental injury, Judge {Law Report] rejecting evidence of consultant disclosure, child subject of care proceedings, accused charged with crime unrelated -, -, Within rights to stop part-heard case to care proceedings, child a witness role of child, guardian, solicitor examined in criminal proceedings, appellant two separate hearings in cases of injury to seeking to use information from care child to determine whether accidental proceedings to challenge child's credibility or non-accidental as a witness, no documents sought to be two-stage procedure, early resolution of crucial disclosed, whether leave of the family factual issues, reviewed in light of decision court required (Re A (Care Proceedings: in Re S (A Minor) (Care Order: Disclosure of Information, N.C.) Split Hearing) disclosure of information sought for use in threshold criteria established, whether order unrelated criminal proceedings, necessary for protection of child, whether principles to be applied by the supervision order would adequately protect court (Re A (Care Proceedings: child (Manchester City Council v. R, N.C.) Disclosure of Information), N.C.) threshold conditions, application for care order disclosure of social worker's and in respect of three children on sole ground psychiatrist's reports to news- that fourth child had been sexually abused, paper, no harm to boy involved Judge finding abuse on fourth child not evidence, need for early discovery and proved, whether condition that the avoidance of delay, appropriate three younger children likely to manner in which case should suffer significant harm satisfied, be presented (Re JC (Care standard and burden of proof (Re H Proceedings: Practice and and R (Minors) (Sexual Abuse: Procedure), N.C.) Standard of Proof), N.C.) privilege, parents granted leave to for order, interpretation of "is suffering show court papers to expert for significant harm", relevant time for purposes of report, court ordering court to be satisfied child suffering report to be filed, police seeking significant harm (Re MM (Care disclosure of report, whether report Order: Abandoned Baby), N.C.) covered by legal professional privilege, -, single advocate cannot present conflicting whether disclosure would infringe views on care plan proposed by local parent's privilege against self- authority, and represent child at incrimination (Re L (A Minor) the same time (Police Investigation: Privilege), N.C.) care workers, vetting for criminal records importance of early discovery of documents, (Parliamentary question) importance of accurate time estimates, child abduction, international, UK signatory requirement for local authority to to Hague Convention, Government asked adduce both positive and negative to put forward topics for agenda of material in support of value judgments Special Commission of the Hague (Re JC (Care Proceedings: Practice Conference March 1997 and Procedure), N.C.) child abuse, National Commission of Inquiry interim care order, whether court empowered into the Prevention of Child Abuse to give direction requiring child to report, Government response to live at home during interim care -, -, reviewed order, whether court entitled to child personal allowance, changes in payment, impose residence condition to be Secretary of State for Social Security complied with by local authority, announces principles to be applied (Re L Children Act Advisory Committee, future of (A Minor) (Interim Care Order), (Parliamentary question) N.C.) [Law Report} 336, Children Act 1989, amendment in light of the whether court empowered to give directions as Nottinghamshire county council case to residential assessment of mother and -, cases, avoiding delay in, Government report child at a special unit (Re M (Minors) following Booth recommendations (Interim Care Order: Directions), N.C.) -, five years' operation of, Sir Stephen Brown, jurisdiction, child present but not habitually President of the Family Division speaks on resident in England (Re M (A Minor) children cases, procedure, application by parent (Care Proceedings: Jurisdiction), N.C.) for residence order, parent asking for notification of proceedings, unmarried father hearing in county court to be heard in being mother's brother-in-law and public, procedure in High Court and unaware of paternity, effect of county courts, principle that children notifying father potentially cases heard in private save in exceptional destructive to whole family, cases (Re PB (A Minor) (Hearing in whether court had discretion to Private), N.C.) direct that father not be notified, Child Support Agency, children's maintenance whether court should exercise that payments, not stopped until parent discretion (Re X (Care: Notice of accepted assessments (Parliamentary Proceedings), N.C.) question) magistrates, giving reasons, necessity of, Data Protection Act 1984, breaches by constructive and encouraging remarks Agency in respect of from Court of Appeal (Parliamentary question) maintenance, flexibility in payment, maintenance, whether wrongly varied under regulations introduced to allow the repealed Children Act 1975 departure from formula in disclosure of documents, whether oral statement exceptional circumstances 200, 946 to social worker is within ambit of rule interest on delayed maintenance doli incapax, doctrine of, whether outgrown use payments 228A and anachronistic, Parliament declines paid a month, figures to modify law (Parliamentary question) 272 domestic violence, effect on young people, -, paid for six months, statistics 1035 new help for professionals from NCH major administrative improvements 98, 244A, 340A Action for Children video performance, improvement in, shown by education supervision order, supervisor issues interim end-of-year report directions, child persistently fails to comply -, penalties for non-cooperation, benefits with directions, local education authority reduced from October 7 should notify local authority, meaning of -, Statistics from "investigate the circumstances" Children Act Advisory Committee, annual report employment of, Department of Health Child Support Act 1991, declarations of Consultation Document on 21 parentage under, procedure -, health safety and welfare aspects of, clubs for young people, basis of finance for legislative background and contact, application for contact order, paternity case-law examined 987, 1015 of child in dispute, whether appropriate for European Union guide for those working with 471 contact issues to be resolved without blood evidence from, system of privacy in courts test direction (Re L (A Minor) (Parliamentary question) 496 (Blood Tests), N.C.) financial provision, appeal against decision on children residing with mother, father seeking application to vary periodical payments orders contact, mother implacably opposed to for children, proper approach where person contact, factors to be taken into responsible for payment is in receipt of social account by court when deciding security benefits, relevance of application of issue of contact (Re P (Minors) Child Support Act 1991 assessment (E v. C (Contact: Parental Hostility), N.C.) (Calculation of Child Maintenance, N.C.) conflict in law, resolving, update assessment of father's income by child support further application in respect of child, use of officer pursuant to Child Support Act 1991, s.91(14) Children Act 1989, whether nil assessment, father nevertheless owning Draconian, and an order too far, substantial capital assets from which in- whether rights of parents are come likely to be derived in the future, being put before welfare of children 378 application for lump sum orders for grandparent seeking leave to apply for order, child, whether power to make lump venue 1007 sum orders may be exercised in such a issue as to paternity of child, child settled way as to provide for the regular support with husband and wife, wife having of a child, whether lump sum orders had sexual affair with another man, for the regular support of a child other man seeking declaration of prohibited by Child Support Act 199! paternity and contact, whether (Phillips v. Pearce, N.C.) orders should be made (K v. M -, enforcement of arrears accruing under (Paternity: Contact), N.C.) periodical payment orders for "no order" principle, father alleged to have children, justices’ decision indecently assaulted child, application by challenged on appeal, proper grandparents for contact order, application procedure (E v. C (Calculation opposed by mother of child, fear of contact of Child Maintenance), N.C.) between child and father, finding that guardian ad litem, appointment in private law contact should be established between proceedings following s.37 direction, local child and grandparents, finding that authority concluding no statutory inter- child likely to suffer significant vention necessary, whether appointment harm if contact not re-established, of guardian ad litem to be terminated order of "no order" made, whether no at this point, whether involvement of order justifiable in light of Official Solicitor should have been sought Judge's findings of fact (Re S (Re S (A Minor) (Contact: Grandparents), (A Minor) (Contact: Grandparents), N.C.) N.C.) 366 order allowing for some form of contact, no need juvenile crime, Audit Commission report on 1121 for leave to apply for direct contact juvenile criminal justice system, crimes against children, abroad, by UK citizens, Government measures extension of powers of coroners, effect of, to improve (Parliamentary question) 1089 external legal advice on enacting United juveniles, determining the mode of trial for, Kingdom legislation (Parliamentary question) case-law reviewed 261 -, violent or sexual nature, national register local authorities, looking after children, figures 420A (Parliamentary question) Official Solicitor, appointment as guardian , curfew for young people under 17, from 8 p.m. to ad litem, new Practice Direction 90 6 a.m., idea from USA, implications for UK parental bind over, enforcement custodianship order, periodical payments of procedure reviewed 890, 1066. 1077 -, parental responsibility, parental responsibility them here 773 order, whether appropriate for application violent videos, enforcement of current law on, to be adjourned to require applicant to studies carried out or commissioned demonstrate commitment to children by (Parliamentary question) 1089 assistance with financial upkeep, welfare principle and delay principle, are principles to be applied (Re H (A Minor) these principles in decay? 202, 217 (Parental Responsibility Order), N.C.) young person, failure to observe notice "Parenting", Labour Party discussion document, provision not fatal to prosecution 197 Penal Affairs Consortium welcomes youth charged with murder, remand to local parents with care, and in receipt of income authority accommodation, Crown Court support, also receiving child support trial, committed to local authority (Parliamentary question) accommodation, taken to family pro- -, who fail to cooperate, new regulations eedings court, local authority con- paternity, application for parental order, whether sider application non-remand, i.e., paternity capable of identification, whether civil, matter, family proceedings consent of father necessary before making court consider the remand criminal, of parental order (Re Q (A Minor) procedure (Parental Order), N.C.) youth crime, dealing with, National Association whether blood tests should be ordered to for Youth Justice's manifesto establish paternity, factors to be -, Labour Party's discussion document taken into account (Re H (A Minor) on tackling (Blood Tests: Parental Rights), N.C.) youth justice system, is it a case of "misspent protection register, child on, question of residence money: misspent youth"? publicity, direction under s.39 of the Children and Charities, Auditing Practices Board, Practice Note, Young Persons Act 1933 restricting publication "The Audit of Charities" of information, parent needing to generate funds Christmas, aftermath of, a hit and miss affair via newspaper publicity to safeguard continuation Chudleigh, Elizabeth, life of: fun, fraud, felony, of child's medical treatment, duty of court to estoppel and benefit of clergy protect the best interests of the child, whether Church of England, history and progress of, legal reporting restrictions should be lifted (Re B aspects of in the tithe system, etc. (A Minor) (Reporting Restrictions), N.C.) Churchwardens, arranging the church events by reasons, application for residence order, welfare computer, whether needs to be registered report, welfare officer making recommendation, under the Data Protection Act 1984 court not following recommendation, judgment Chutzpah, use of the word in a criminal context, to disclose reasons for departure from re- examples of commendation (Re V (Residence Order), N.C.) Citizens’ Advice Bureau, at Royal Courts of remand, a structured approach Justice, grant to fund an experimental -, local authority accommodation, offender extension of litigants in person absconds, procedure for facilitating -, -, -, Lord Chief Justice welcomes arrest Citizen's Charter, needs radical overhaul, says -, Magistrates’ powers in relation to examined Institute for Policy Research residence order, Children Act 1989, s.91(14), order Civil Aviation (Amendment) Act 1996, Royal Assent made, inter alia, that no fresh application be Civil courts, procedure, reform, Lord Chancellor's made without leave of court, leave to appeal response to Lord Woolf's Report, not to be granted lightly (Re N (A Minor), "Access to Justice" 266, 1115 N.C.) -, single rule-making committee proposed for 494 secure accommodation, applications, Civil enforcement agents, review 292A clarification of the meaning of Civil Evidence Bill, endorses use of Actuarial s.60(3) Criminal Justice Act Tables for use in personal injury and 1991, venue for applications fatal accidents sentencing, young offender institution, whether Civil justice, litigants who feel they are priced sentence imposed in default of payment of out of the system, advice from National fine can be consecutive to another term of Consumer Council's "Seeking Civil Justice: detention a survey of people's needs and experiences" sexual abuse, doctor's evidence, cannot give system, Lord Woolf's proposals following his evidence of truth of statement, only review, Lord Chancellor promises medical evidence 535 speedy, phased implementation 266, 1115 -, period in which actions under civil law can Civil Procedure Bill, establishment of a Civil be brought (Parliamentary question) 1060 Justice Council, Lord Chancellor speaks on 1178 sexual exploitation, recommendations from the Clergy, method in the madness, benefit of in Parliamentary Assembly of the Council of English penal history 888 Europe (Parliamentary question) 1061 Closed circuit television cameras (CCTV), cash bids small residential homes, children in, protecting, from organizations for installation 324A plans to tighten the law 985 Coalfields regeneration, future of 1129 social services children's plans, analysis of 45 Committal orders, non-molestation, procedural local authorities 17 errors can be corrected 690 summary court, jurisdiction to try children and Commonhold Bill, not proceeded with 1164 young offenders, an update 1123 Commons, town green, failure to register does not "Teen Courts" in the USA, whether we can try have effect of extinguishing customary rights over Act 1949, Acquisition of Land Act 1981 (Edward Community charge, defaulter not eligible for Thomas v. Secretary of State for Wales and Mid- criminal legal aid Glamorgan County Council) [Law Report] 1104 -, enforcement, burden and standard of proof, Computers (see also "Data Protection", "Local breach of suspended committal order, Government"), and the law, Data requirement to find wilful refusal Protection Act 1984 and Computer or culpable neglect, scope of duty Misuse Act 1990, provisions reviewed solicitor scheme consultancy in, role of today further developments importance of securing system so information > Community orders, (see also "Sentencing"), not lost appeals against, adjournment of Internet, fine for putting out misleading subsequent enforcement proceedings, advertisement on, need for regular review whether breach proceedings can proceed 213 security policy, prevent disaster with a combination order varied on appeal to community software, legality of, organizations need to service order, whether hours already check if they are using illegal software worked count towards the new order 660, 1164 using the visual display unit (VDU), meeting community service, breach proceedings, breach legal requirements on health and safety denied, burden and standard of proof 176 Confiscation orders under the Criminal Justice failure to comply with the requirements of a Act 1988, as amended by the Proceeds probation order, failure to keep of Crime Act 1995 appointments 72, 196, 213, 341 Consent in criminal proceedings, with relation to -, service of copy of order, whether order has to sado-masochism, a philosophical comment be served by a probation officer 776 Consumer credit, advertisements not complying Community sentences, curfew orders as part of, with regulations, whether defendants could including electronic tagging, reviewed 373 rely on statutory defence of reliance -, pilot projects to help improve, in punishing on information, whether reasonable offenders and turning them away precautions taken and due diligence from crime 687 exercised, s.168(1) Consumer Credit Community service, breaches, advice on procedural Act 1974 (Coventry City Council v. aspects affecting prosecution 277, 422, 433 Lazarus, N.C.) -, -, consecutive orders, jurisdiction and powers Consumer protection (see also "Trade of a supervising magistrates’ court 1007 Descriptions Act 1968) duplicity, whether two separate orders can credit card companies, liability of, not to be be duplicitous 952 reduced whether court can deal with breach of, order general safety requirement for goods, when there committed after notice of appeal is a failure to undertake necessary checks lodged (Greater Manchester Probation holiday insurance, claiming on after holiday Committee v. Best) disasters, case-law considered order, appeal against conviction and misleading prices, goods described as being reduced sentence, effect of the order in price, goods not available at higher price whether overtime at work could amount to for 28 days in preceding six months, whether a "reasonable excuse" prosecution had to prove misleading price -, revocation of order made by magistrates’ court, indication actually given to a particular power of the Crown Court consumer, s.20 Consumer Protection Act 1987 Companies, affidavit sworn that company insolvent, (MFI Furniture Centre Ltd. v. Hibbert, N.C.) 48 acted improperly if that belief not held * loans, no fixed repayment date, and no stipulation , directors who appear as advocates, cannot to be repayable on demand 390 obtain order for costs obstructing enforcement officers, no limits on harm to a company, whether could found claim officers’ powers 129 for breach of human rights "supply", meaning under s.12 Consumer liability of small limited companies, protecting Protection Act 1987 63 equity in home against bank, law and Contempt of court procedure examined -, invasion of lawyer's papers could amount pyramid schemes unlawful lottery under to contempt Companies Act 1985, Part IV -, term of committal order unclear, whether fresh , summons for insolvency can be on a single order can be made originating summons -, victim of violence and witness to attack refusing Compensation (see also "Criminal Injuries to give evidence through fear, found to Compensation Board/Scheme"), death be in contempt of court, prosecution of victim, enforcement order does should have considered whether not lapse because of death witness's statements could have -, Docklands bombing, Tower Hamlets council been admitted under s.23 of Criminal seeks compensation from Northern Justice Act 1988 (R. v. Bird; R. v. Ireland Government Holt, N.C.) Compulsory purchase, whether or not part of site to be Copyright, Copyright Licensing Agency warns that considered separately, whether or not necessary local government and public bodies breaking for works to be planned on parcel of land which the law in photocopying without permission is to be made subject of Compulsory Purchase -, Crown Copyright, quasi-legislative material, Order, National Parks and Access to Countryside reproduction of, whether should remain within the Copyright (Parliamentary -, Prison, opened question) 208 -, psychiatric assessment, Penal Affairs Consortium -, extended to 70 years after death of author 126 comments on lack of -, wholesaler not correct company against which -, staff, Court Service Chief Executive assures trade informations should have been laid, whether union representatives on cuts information should be amended 129 Courts and Legal Services Act 1990, delay in Coroners, courts, transcripts, method of compiling, implementing s.13 (Parliamentary fee for to bereaved relatives (Parliamentary question) question) 193 Credit, judgment creditors, "credit improvers", -, verbatim transcript, method of compiling and methods examined fees to relatives (Parliamentary question) 193 Crime Corporal punishment, calls for reintroduction in -, Bill, introduction of, proposed, latest crime schools, implications of 1094 Statistics in relation to Costs (see also "Magistrates") British Crime Survey 1996, reviewed -, award of, should not be in the guise of a penalty, British nationals committing crimes abroad, Court of Appeal pronouncement 128 position reviewed -, solicitors relying on counsel's opinion, not businesses, retail and manufacturing, effect on sufficient to avoid the order 1094 Crime Prevention Agency, established wasted costs order, housing officer liable to pay Crime Prevention Agency Board, first meeting costs personally 263 Crime (Sentences) Bill introduction -, solicitors representing defendant charged with -, -, Association of Chief Officers of Probation, indecent assault of girl being accommodated comments on by local authority, solicitors applying to Crime Writers' Association annual meeting, court to order authority to disclose files in-fighting at, shows that experience relating to girl, application refused, local counts in crime, whether fact or fiction 15 authority applying for wasted costs order, elderly, evaluation of crime involving, whether whether order should be made (ReA fear of crime, greater than reality of crime Solicitor (Wasted Costs Order)) (Parliamentary question) 1006 Council on Tribunals, annual report fear of, is it justified? statistics 380, 668 Council tax, bands, changes in, cannot be back-dated food in relation to, effect of diet on criminal -, mobile homes (Parliamentary question) behaviour, reviewed 607 Countryside, living, planning for, Environment housing estates, dealing with by broad range Secretary nnounces consultation on draft of methods, suggested in Police Research revision of planning policy guidance Group report 593 County courts, automatic directions provisions, Ireland, latest figures 630 striking out when not listed for trial NACRO, alternative White Paper on 1115 within time-limit, still within primary organized, new proposals for fighting against 531 limitation period, whether abuse of -, Security Service Act 1996, in force 949 process to reissue proceedings "Protecting the Public - The Government's information technology service to improve Strategy on Crime", Government White efficiency in 830 Paper reviewed local authorities, using employed solicitors -, Penal Affairs Consortium challenge in rather than specialist local counsel, "Protecting the Public: criticized 750 Comments on the White Paper" 542 small claims procedures, conclusions from report prevention of, only way to deal with crime, "Small Claims Procedures in County Courts what a state we are in if we do not! 978 in England and Wales" 975 punishment of, USA provides new concepts of, Court clerks, election of, Florida experience, for example, women on chain gangs 922 whether would work here 787 racially motivated, London, statistics -, Justices' Clerks' Society Good Practice Guide (Parliamentary question) 579 "Good Use of Court Clerk Time", updated 726, 843 recorded crime, continuing to rise, Penal Affairs Court Service Agency, services from market testing Consortium comments on Guardian report 324A (Parliamentary question) , 1995 367 Courts (see also "County Court"; " Crown Courts"; -, "Notifiable Offences - England and Wales, "High Court"; "Magistrates") July 1995 to June 1996" 845 computer generated persons in, possibilities -, rising or falling? 433 , 543, 743 of, would they be paid? -, trends in (Parliamentary question) 320, 433 contracting out, through the court escort agency rehabilitation periods, for criminal offence or services, progress and problems examined category (Parliamentary question) 1005 defendant who appears repeatedly in court reports covering aspects of and how to deal proceedings, "Same", as a part of a with, importance of case reference retailers against, third British Retail dress in, then and now Consortium's "Crime Costs Survey" earpiece, an example of courts' unfortunate rural, crime prevention experts partnership pronouncements offensive against entertainment in, a talent to amuse Safer Cities Programme, 1988-1995, results new names for office holders in, "court managers" from Home Office research findings instead of "chief clerks" as example, how on domestic burglary many more? sport and, link between, can be evident without research over Two Golfs), Italy, can point to -, Statistics (Parliamentary question) gulfs here as well, in dealing with crime 481 Criminal Cases Review Commission, base for -, where next for? 80, 92 -, delay in processing of applicants for "Criminal law, continuity and change in", Lord appointment to (Parliamentary question) Chief Justice, speech at King's College, -, independent scientific expertise included in London 190 remit (Parliamentary question) -, -, Home Secretary's response 190 Criminal convictions, records kept of Criminal procedure in 1845, professional (Parliamentary question) views on 175, 195 Criminal damage, aggravating features clarified Criminal Procedure and Investigations Bill, -, no jurisdiction to deal with charge of published 38 criminal damage simpliciter on indictment -, proposed amendments, implications of reviewed 51,57 Criminal Injuries Compensation Board, number Criminal Procedure and Investigations Act 1996, of cases awaiting hearing, statistics disclosure under, reviewed 662 (Parliamentary question) -, first implementation date 805, 825 -, oral hearings, waiting time for, cases waiting, -, -, fright of election for jury trial, proposals reducing delay (Parliamentary question) to reduce, implications of 51 -, shortest and longest time for dealing with Criminal records, access to employees’ criminal application (Parliamentary question) records, easier for employers 468A Criminal Justice Act 1988 (Confiscation Orders) -, database, transfer to, contract for Order 1995 (Home Office Circular 67/1995) (Parliamentary question) 1018 Criminal Justice and Public Order Act 1994 -, -, Penal Affairs Consortium comments on 404A, 923 -, inferences which may be drawn from failure of -, wider access to (Parliamentary question) 368 defendant to give evidence, guidance on Criminals, damages claims against by victims, principles, Criminal Justice and Public eligibility for legal aid Order Act 1994, s.35 (R. v. Cowan; R. v. (Parliamentary question) Gayle; R. v. Ricciardi, N.C.) -, whether should profit from their crimes by right to silence, abolition, implications, brief receiving payment for their memoirs recap on Crown Court -, effect on whether defendant presumed guilty -, prosecution, with agreement of defence, can or innocent, position in Hong Kong offer no evidence in absence of defendant -, Judge drawing adverse inferences from, or legal representative European Court of Human Rights review statistics of cases (Parliamentary question) legal privilege in relation to, the decision trials, average cost, 1995 (Parliamentary in Condron examined question) unauthorized campers, removal directions, -, Witness service, support services for whether or not removal direction (Parliamentary question) affects people who arrive on land Crown Prosecution Service after the date on which it was given -, annual report (R. v. Lincolnshire County Council, -, cases efficiently handled by, only isolated ex parte Atkinson, Wales and Stratford) instances of error [Law Report] cash and running costs, change for 1995-96 Criminal justice system (Parliamentary questions) -, adversarial v. inquisitorial, whether the cash limit after taking account of appropriations latter has an advantage in aid (Parliamentary question) cases which should never come to court as too Code for Crown Prosecutors, for driving trivial, can we only dream about a change offences, revised in the system? -, guidance from Director of Public computer systems as aid in, CRAMS (Case Records Prosecutions on application Administration and Management System) (Parliamentary question) important part of Crown Prosecutors, instructions to, from -, need to keep up-dated, DVD succeeds Attorney-General, procedure CD Rom PCs (Parliamentary question) delay in, justices’ clerks’ judicial function, Director of Public Prosecutions, statement by whether should be extended on BBC | television programme, -, measures to deal with (Parliamentary "The Verdict" question) efficiency, need for more time for review of -, -, review announced cases, preparation before trial, etc., demise of, exaggerated reports? despite necessary budget cuts Einstein's theory of relativity, where can guidelines for charging offenders carrying be related to the system offensive weapons (Parliamentary question) if processed only three criminals out of a jurisdiction in relation to hybrid and hundred, just imagine if scenario existed, summary only offences, reviewed but does it already? lawyers in police stations, pilot scheme Mr. Jack Straw, Shadow Home Secretary, liaison between police and, representations addresses the University of Salford urging improvements (Parliamentary question) relativity, theory of, whether has value for members of, numbers of, and figure as percentage criminal justice system of optimum complement (Parliamentary town of Sant’ Agata sui Due Golfi (St. Agatha question) motif for, why a paisley tie? 83 guidelines from the Court of Appeal organization of, consideration of streamlining heroin and cocaine seizures (Parliamentary by combining two senior posts 73, 230 question) presentation, need to improve? 659 Home Office view on problem Queen's Counsel, numbers employed at, salary law on the misuse of drugs, an overview and (Parliamentary question) 153 recent changes redundant? suggestions for abolition, need to Misuse of Drugs Act 1971 (Modification) look at economies in funding 631 Order 1996; Misuse of Drugs (Amendment) 10th anniversary 1011 Regulations 1996 (Home Office -, the verdict on 1065 Circular No.29/1996) 529 "The Verdict", BBC2 series reviewed 1098, 1121 paraphernalia found in the defendant's possession, wasted costs orders made against, statistics relevance and admissibility of 925 (Parliamentary question) 352 temazepam, possession and supply of now an Cruelty to animals, societies which are responsible offence under the Misuse of Drugs for financing and housing animals following (Amendment) (No.2) Regulations 1995 90 confiscation or destruction orders testing and treatment, change in outlook by Culloden, Battle of, 250th Anniversary of the treatment agencies Curzon, Lord, David Gilmour's biography of treatment services, review of, published a "most superior person" USA present UK enforcement authorities with Custody service, future of (Parliamentary question) cheque in acknowledgement of help in Custody time limits, whether protection of the drugs investigation oublic is a ground for extension to custody Database protection, European Council of Ministers time limit (R. v. Central Criminal Court, adopt directive for legal protection for 15 years ex parte Abu-Wardeh) Data Protection Act 1984, s.5, departing "recklessly" Customs and Excise, whether alcohol is imported from requirements, case-law on for commercial purposes Death, or still-birth, registration, Government proposals for greater flexibility D -, In the criminal scene, prevalence of, not only Damages, Act, Royal Assent murder, but removal of bodies for DNA -, compensation recovery scheme, Government profiling, burying of bodies for promises reform of impersonation to swindle insurance for injury, at dance club, whether "club" companies, etc. a creature in eyes of law Debt-recovery procedures, programme to streamline -, referee has duty of care in rugby matches (Parliamentary question) limitation period for actions by children, Debts, paying off old, after period of time, through whether can be extended 58 conscience, examples of personal injury cases, date of knowledge of Declarations of independence, by various parts of injury, limitation periods 263 Britain, implications of -, reasonable man should seek prompt Defendants, right of a defendant to cross-examine medical advice 422 prosecution witnesses, give evidence and call Dangerous Dogs Act 1991 witness -, aftermath of, a case of "law bites dog?" 935, 1163 Delinquency, dietary management of, possibilities civil and criminal proceedings reviewed, of examined including decision in R. v. Greener Depositions, publication of, in a murder case already (see below) 471 tried and defendant acquitted, whether contempt culpability of the owner, construction of s.3 364 of court Dangerous Dogs Bill, to remove mandatory Detection and capture, means of avoiding, getting requirement for destruction, introduced 630 the hot seat by hiding in an airing cupboard "draconian" statute, measures to temper Dillinger (John Herbert) (1902-1934) examined Disability Discrimination Act 1995, code of practice dogs destroyed, currently in police kennels on access to goods, etc., guidance on definition awaiting destruction orders, longest of disability (Parliamentary question) period of detention (Parliamentary question) -, practical guide for business whether an offence under s.3(3), Dangerous -, public transport provisions in relation to, Dogs Act 1991 can be committed by omission examined (R. v. Greener, N.C.) Disability, National Disability Council (NDC), Dangerous drugs first annual report Amendment to Home Office Circular 63/1995, Disabled, duty of local authority to, effect of Approved Drug Testing Kits financial restraints, "need" as relevant cannabis, legalization of, movement towards, factor example of results from Arizona -, transport facilities, improvement in children and, new initiative to tackle, from (Parliamentary question) NCH Action for Children and Turning Point Dispute resolution, pilot mediation scheme crime related to, "benchmark" survey on Divorce "Drug Misuse Statistics", fifth Statistical -, children in proceedings, whether should be Bulletin longer obligatory waiting period where drug takers as deviants, and methods of harm there are children under 16 reduction, examined -, end of the marriage dream, partners who want Drugs Prevention Initiative, annual report to "make it quick and no mucking about"