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Quill and ink redundant at last
Book Reviews FINDING THE FINE QUILLETS
Medicolegal Essentials in Healthcare J Payne-James, PJ Dean, I Wall, Eds (Churchill Livingstone, New York, Edinburgh, 1996, 169pp, index, ISBN 0443 052409; £16.95) The aim of this concise compilation of 16 chapters is to provide an overview of the legal issues most relevant to those working in the health-care professions. The contributors are doctors and lawyers with specialised knowledge in these fields. Complaints in the NHS, consent to treatment, confidentiality, abortion, medical negligence and medical product liability are some of the matters touched upon and explained in simple English. The sources of the rules are disclosed and each chapter contains signposts for further reading. I found the chapters on living wills, euthanasia, organ donation, AIDS and ethical and legal aspects of clinical trials amongst the most interesting and informative. Here is a test question: must a mentally disordered person consent to medical treatment? If in doubt - this book is for you. AR Brownlie MAD, BAD AND GUILTY?
Psychiatry and Criminal Culpability Ralph Slovenko (John Wiley & Sons Inc, Chichestel; ISBN 0 471 05425 9; £55.00) This text is divided into four parts. The first, 'Criminal responsibility, the insanity defence and consequences' contains a very comprehensive description of the history and background of the insanity plea as a method of criminal defence. Stemming from the McNaughten case in 1843, the author traces the development of the insanity plea up to the modern time in the United Kingdom but more so in the USA. This section includes an excellent and not too technical description of various types of 'mental illness', as well as introducing the differences between the 'not guilty by reason of insanity' and 'guilty but mentally ill' pleas. Part two is entitled 'Psychiatric testimony under a not guilty plea'. In this section the author concentrates on the 'inconsistent personality defence' which is that the personality is inconsistent with the characteristics of a crime, and in this context discusses the value and use of character evidence and symptom evidence. Part 3, 'Psychiatric testimony in critique' covers various aspects of psychiatry viewed as a scientific subject. Specifically he argues the case of psychiatric testimony in criminal proceedings. The final section 'Sin or Sickness' provides an interesting discussion regarding the differences between motivation for crimes in terms of perceived levels of responsibility for
220
actions, social conditions, knowledge of good and bad, as opposed to clinically diagnosable illness. Overall, this text, while technical in some areas, provides an excellent discussion on aspects of the insanity plea. The book concentrates mainly on aspects of the American legal system rather than that of the UK but this does not deviate its usefulness, particularly to the non-medical person, in giving an insight into some of the more medicinal issues of the insanity plea debate. NS Nic DaCid QUILL AND INK REDUNDANT AT LAST
Archbold 1997: Digital Edition PJ Richardson, Editor DA Thomas, Sentencing Editor (Sweet & Maxwell, London, 1997, ISBN 0 421 60340 2; f 199.00, plus £34.83 VAT) If good software instigates hardware purchases, then Digital Archbold might just be the piece of software which persuades criminal lawyers of the necessity for buying PCs with CD-ROM drives. The software is supplied as one CD-ROM in a standard jewel case. The review copy came with no handbook or installation instructions. However, installation was simple. The CD-ROM does not autoplay, but installs easily through the Windows 95 control panel. I had no problem installing the software on either an elderly 486 machine in which the CD-ROM drive was configured as drive E or on a virtually new Texas Instruments XTENSA laptop computer. Installation in each case took less than 15 minutes. There is only one installation option of importance and that is whether or not to install all the files on the CD-ROM to hard disk. If the data files are not installed then the installation only uses about 5 MB. This option requires the CD-ROM to be present in the drive when using the program. If one has about 58 megabytes free on one's hard disk then both the infobase and the search software can be installed. Obviously, the latter is the preferred installation option for a variety of reasons, not least being a significant increase in the speed at which the program operates. Once the installation is complete then the joys of exploration begin. No-one with the slightest interest in English Criminal Law could fail to be fascinated by this program. The infobase is not marked up with HTTP for use with a browser such as Netscape. Rather, Folio Views, a commercial hypertext reader, is used. This search engine has several options; including full text searching, searching for subjects and an intelligent 'search for material about' option. The latter facility is extremely powerful; using it one can refine a vague concept very easily, finding the relevant cases and statutes in a few moments. Search results then can be cut and pasted directly into a Windows word processor. When a promised upgrade becomes available including fully linked case material from Criminal Appeal
Science & Justice 1997; 37(3): 214-222
Book Reviews Reports and the Criminal Law Review to Archbold then the practitioner and the academic researcher will have available a superb tool for research. Even now, this product is so useful that, once seen, few academics or practitioners would not wish to have it available. ARW Forrest DIRTY WHITE COLLARS
Arlidge & Parry on Fraud A Arlidge, J Parry and I Gatt (Sweet & Maxwell, London, 1996, 565pp, ISBN 0 421 48500 0; £95.00) This authoritative text opens with the words 'Contrary to popular belief, there is in English law no criminal offence called fraud.' There then follow 565 pages of what the authors describe as 'a wide range of offences that may be committed in the course of what most people would call fraud...'. Since the first edition of this book the law relating to fraud has seen a number of significant changes. Unfortunately for the authors, since publication the House of Lords have further considered the question of whether cheques can be stolen or obtained by deception contrary to s15 of the Theft Act 1968 in their decision of Preddy [I9961 A.C. 815. The Law Commission has also produced its consultation paper on Corruption (Paper No. 145) which the Government has indicated will form part of its legislative programme to be outlined in the Queen's Speech of 1998. Notwithstanding these events it is submitted the value of the book is not diminished. The layout and format of the book is one of ease for the reader. The style of prose is very readable. The book has an extensive list of cases of 60 pages as well as a very full table of statutes and table of statutory instruments. If it exists it is likely to be found and referred to in this book. Fraud is for many prosecutors and defence counsel alike an area they are very much forced to consider in their daily practice. For those in this category this book would be particularly useful in light of the structure and content of the book. As part of the Sweet & Maxwell 'Criminal Law Library' series it appears to have been written for the practitioner but those who seek a conceptual view of fraud will find it here. The authors review the law of fraud in all its many facets, not only at common law but many statutory frauds and so-called economic offences are fully considered. Practical aspects of evidence and procedure are considered. Chapter 15 of the book is entitled 'Presenting a Fraud Case' which is in the reviewer's experience a novel but very welcome approach. A large section of the book is devoted to company fraud covering false accounting, offences committed by directors in relation to their office as well as offences related to
Science & Justice 1997; 37(3): 214-222
company records. There then follows a chapter headed 'Fraud on Investors' which includes consideration of market manipulation and insider dealing. Fraud on creditors, an area of fairly recent import, is fully reviewed and would be of benefit to those who are involved in advising creditors who find themselves at the wrong end of a fraudulent scheme. Offences in bankruptcy is particularly fully considered. This chapter is similar to many in the book and provides a detailed, well considered and fully researched review of the principal offences within the area being considered by the authors. It is in this area that the book is at its most useful providing within a few pages all that the busy practitioner requires. However, the chapters are sufficiently detailed that in themselves they provide the relevant information. In addition, there are sufficient footnotes cross referring the book and notes which the reader can use to investigate the offences further. It is the quotation of sections followed by consideration of the details of the offence that make the book invaluable. If there is a statutory definition the authors provide it together with reference to authority and where necessary their own interpretation. Thus what to many is considered an opaque area becomes clear in a short period of research. As the authors comment 'Fraud, more than most forms of crime, tends to be complicated by an international dimension.' To that end a chapter of 35 pages on jurisdiction is of benefit and not something one would have considered to be reviewed in a book of this kind. It tends to highlight the depth of consideration which the authors have provided.
A chapter is devoted to the Serious Fraud Office and its operational considerations. The controversial powers conferred on inspectors in terms of section 2 of the Criminal Justice Act 1987 are fully reviewed and provide an illuminating consideration of those powers. The authors consider the question of privilege and confidentiality for bankers and lawyers and provide a ready answer to those who may be asked to comply with a notice issued by the S F 0 in terms of section 2. The decision of the European Commission of Human Rights as contained in its report of Saunders v United Kingdom is briefly considered although of course the book was published before the Court issued its decision. Short reference is made to the offences which arise out of failures to comply . . with section 2. The reviewer would like to have seen more consideration of the offences which are covered by the heading 'Frauds on the Public'. Value Added Tax fraud is only given three pages while 'social security fraud' is restricted to one page. While it is accepted that fraud on the European Community budget is a rare and specialised area which is still to be fully incorporated into United Kingdom law, it is respectfully submitted it merits more than three pages in a text which is as detailed and wide ranging as this. Given the apparent
22 1
Medicolegal Essentials in Healthcare J Payne-James, PJ Dean, I Wall, Eds (Churchill Livingstone, New York, Edinburgh, 1996, 169pp, index, ISBN 0443 052409; £16.95) The aim of this concise compilation of 16 chapters is to provide an overview of the legal issues most relevant to those working in the health-care professions. The contributors are doctors and lawyers with specialised knowledge in these fields. Complaints in the NHS, consent to treatment, confidentiality, abortion, medical negligence and medical product liability are some of the matters touched upon and explained in simple English. The sources of the rules are disclosed and each chapter contains signposts for further reading. I found the chapters on living wills, euthanasia, organ donation, AIDS and ethical and legal aspects of clinical trials amongst the most interesting and informative. Here is a test question: must a mentally disordered person consent to medical treatment? If in doubt - this book is for you. AR Brownlie MAD, BAD AND GUILTY?
Psychiatry and Criminal Culpability Ralph Slovenko (John Wiley & Sons Inc, Chichestel; ISBN 0 471 05425 9; £55.00) This text is divided into four parts. The first, 'Criminal responsibility, the insanity defence and consequences' contains a very comprehensive description of the history and background of the insanity plea as a method of criminal defence. Stemming from the McNaughten case in 1843, the author traces the development of the insanity plea up to the modern time in the United Kingdom but more so in the USA. This section includes an excellent and not too technical description of various types of 'mental illness', as well as introducing the differences between the 'not guilty by reason of insanity' and 'guilty but mentally ill' pleas. Part two is entitled 'Psychiatric testimony under a not guilty plea'. In this section the author concentrates on the 'inconsistent personality defence' which is that the personality is inconsistent with the characteristics of a crime, and in this context discusses the value and use of character evidence and symptom evidence. Part 3, 'Psychiatric testimony in critique' covers various aspects of psychiatry viewed as a scientific subject. Specifically he argues the case of psychiatric testimony in criminal proceedings. The final section 'Sin or Sickness' provides an interesting discussion regarding the differences between motivation for crimes in terms of perceived levels of responsibility for
220
actions, social conditions, knowledge of good and bad, as opposed to clinically diagnosable illness. Overall, this text, while technical in some areas, provides an excellent discussion on aspects of the insanity plea. The book concentrates mainly on aspects of the American legal system rather than that of the UK but this does not deviate its usefulness, particularly to the non-medical person, in giving an insight into some of the more medicinal issues of the insanity plea debate. NS Nic DaCid QUILL AND INK REDUNDANT AT LAST
Archbold 1997: Digital Edition PJ Richardson, Editor DA Thomas, Sentencing Editor (Sweet & Maxwell, London, 1997, ISBN 0 421 60340 2; f 199.00, plus £34.83 VAT) If good software instigates hardware purchases, then Digital Archbold might just be the piece of software which persuades criminal lawyers of the necessity for buying PCs with CD-ROM drives. The software is supplied as one CD-ROM in a standard jewel case. The review copy came with no handbook or installation instructions. However, installation was simple. The CD-ROM does not autoplay, but installs easily through the Windows 95 control panel. I had no problem installing the software on either an elderly 486 machine in which the CD-ROM drive was configured as drive E or on a virtually new Texas Instruments XTENSA laptop computer. Installation in each case took less than 15 minutes. There is only one installation option of importance and that is whether or not to install all the files on the CD-ROM to hard disk. If the data files are not installed then the installation only uses about 5 MB. This option requires the CD-ROM to be present in the drive when using the program. If one has about 58 megabytes free on one's hard disk then both the infobase and the search software can be installed. Obviously, the latter is the preferred installation option for a variety of reasons, not least being a significant increase in the speed at which the program operates. Once the installation is complete then the joys of exploration begin. No-one with the slightest interest in English Criminal Law could fail to be fascinated by this program. The infobase is not marked up with HTTP for use with a browser such as Netscape. Rather, Folio Views, a commercial hypertext reader, is used. This search engine has several options; including full text searching, searching for subjects and an intelligent 'search for material about' option. The latter facility is extremely powerful; using it one can refine a vague concept very easily, finding the relevant cases and statutes in a few moments. Search results then can be cut and pasted directly into a Windows word processor. When a promised upgrade becomes available including fully linked case material from Criminal Appeal
Science & Justice 1997; 37(3): 214-222
Book Reviews Reports and the Criminal Law Review to Archbold then the practitioner and the academic researcher will have available a superb tool for research. Even now, this product is so useful that, once seen, few academics or practitioners would not wish to have it available. ARW Forrest DIRTY WHITE COLLARS
Arlidge & Parry on Fraud A Arlidge, J Parry and I Gatt (Sweet & Maxwell, London, 1996, 565pp, ISBN 0 421 48500 0; £95.00) This authoritative text opens with the words 'Contrary to popular belief, there is in English law no criminal offence called fraud.' There then follow 565 pages of what the authors describe as 'a wide range of offences that may be committed in the course of what most people would call fraud...'. Since the first edition of this book the law relating to fraud has seen a number of significant changes. Unfortunately for the authors, since publication the House of Lords have further considered the question of whether cheques can be stolen or obtained by deception contrary to s15 of the Theft Act 1968 in their decision of Preddy [I9961 A.C. 815. The Law Commission has also produced its consultation paper on Corruption (Paper No. 145) which the Government has indicated will form part of its legislative programme to be outlined in the Queen's Speech of 1998. Notwithstanding these events it is submitted the value of the book is not diminished. The layout and format of the book is one of ease for the reader. The style of prose is very readable. The book has an extensive list of cases of 60 pages as well as a very full table of statutes and table of statutory instruments. If it exists it is likely to be found and referred to in this book. Fraud is for many prosecutors and defence counsel alike an area they are very much forced to consider in their daily practice. For those in this category this book would be particularly useful in light of the structure and content of the book. As part of the Sweet & Maxwell 'Criminal Law Library' series it appears to have been written for the practitioner but those who seek a conceptual view of fraud will find it here. The authors review the law of fraud in all its many facets, not only at common law but many statutory frauds and so-called economic offences are fully considered. Practical aspects of evidence and procedure are considered. Chapter 15 of the book is entitled 'Presenting a Fraud Case' which is in the reviewer's experience a novel but very welcome approach. A large section of the book is devoted to company fraud covering false accounting, offences committed by directors in relation to their office as well as offences related to
Science & Justice 1997; 37(3): 214-222
company records. There then follows a chapter headed 'Fraud on Investors' which includes consideration of market manipulation and insider dealing. Fraud on creditors, an area of fairly recent import, is fully reviewed and would be of benefit to those who are involved in advising creditors who find themselves at the wrong end of a fraudulent scheme. Offences in bankruptcy is particularly fully considered. This chapter is similar to many in the book and provides a detailed, well considered and fully researched review of the principal offences within the area being considered by the authors. It is in this area that the book is at its most useful providing within a few pages all that the busy practitioner requires. However, the chapters are sufficiently detailed that in themselves they provide the relevant information. In addition, there are sufficient footnotes cross referring the book and notes which the reader can use to investigate the offences further. It is the quotation of sections followed by consideration of the details of the offence that make the book invaluable. If there is a statutory definition the authors provide it together with reference to authority and where necessary their own interpretation. Thus what to many is considered an opaque area becomes clear in a short period of research. As the authors comment 'Fraud, more than most forms of crime, tends to be complicated by an international dimension.' To that end a chapter of 35 pages on jurisdiction is of benefit and not something one would have considered to be reviewed in a book of this kind. It tends to highlight the depth of consideration which the authors have provided.
A chapter is devoted to the Serious Fraud Office and its operational considerations. The controversial powers conferred on inspectors in terms of section 2 of the Criminal Justice Act 1987 are fully reviewed and provide an illuminating consideration of those powers. The authors consider the question of privilege and confidentiality for bankers and lawyers and provide a ready answer to those who may be asked to comply with a notice issued by the S F 0 in terms of section 2. The decision of the European Commission of Human Rights as contained in its report of Saunders v United Kingdom is briefly considered although of course the book was published before the Court issued its decision. Short reference is made to the offences which arise out of failures to comply . . with section 2. The reviewer would like to have seen more consideration of the offences which are covered by the heading 'Frauds on the Public'. Value Added Tax fraud is only given three pages while 'social security fraud' is restricted to one page. While it is accepted that fraud on the European Community budget is a rare and specialised area which is still to be fully incorporated into United Kingdom law, it is respectfully submitted it merits more than three pages in a text which is as detailed and wide ranging as this. Given the apparent
22 1