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The Law of Entry, Search, and Seizure, by Richard Stone
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In recent years, the law relating to entry, search and seizure has undergone major change. Significant legislation, including the Protection of Freedoms Act 2012, has led to the amendment and abolition of powers, creating a complex and dynamic legal landscape. What powers are available? Who may use them? And under what circumstances?
A practical guide to the powers available in both criminal and civil proceedings, The Law of Entry, Search and Seizure offers comprehensive analysis of the powers available to the police and other officials in light of all the relevant legislation. It contains exhaustive treatment of police powers both at common law and under the Police and Criminal Evidence Act 1984 and subsequent legislation such as the Serious Organised Crime and Police Act 2005, including powers of personal search
as well as searches of premises. The book also covers the powers of many other officials, such as the HM Revenue and Customs, trading standards officers, and the powers of central and local government officers.
Focussing in particular on the most commonly-used powers, but with reference to others which are available, this new edition offers expert analysis of the ways in which powers are typically used, and the constraints which exist in relation to them.
- Sales Rank: #3012853 in eBooks
- Published on: 2013-02-28
- Released on: 2013-02-28
- Format: Kindle eBook
Review
This is an extremely valuable contribution to the continuing debate on the extent of the powers of the state to interfere with the personal affairs, not to mention the privacy laws of the private citizen. Phillip Taylor MBE and Elizabeth Taylor, The Report
About the Author
Richard Stone is Professor of Law at the University of Lincoln, where he was Head of the Law School between 2003 and 2009. Over the past 30 years he has taught at a variety of higher education institutions, including Leicester University (where he held the positions of Head of Department and Dean), Nottingham Trent University (where he was Dean of the Law School), and the Inns of Court School of Law (where he was Principal). Richard's main research interests lie in the areas of civil liberties and human rights.
Most helpful customer reviews
1 of 1 people found the following review helpful.
The right to enter, search and seize: has it gone too far?
By Phillip Taylor MBE
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AND WHAT ARE THE REMEDIES? HERE'S AN AUTHORITATIVE EXAMINATION OF THE CURRENT LAW
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Does one person have the right to enter another person's premises against his or her will and take that person's goods and property? The answer, as practitioners are aware, is yes -- whenever the law allows.
The circumstances under which entry, search and seizure are allowed - and under which laws they are permitted - constitute the subject matter of this well-known and definitive legal text, recently published in a new fifth edition by the Oxford University Press.
The book's usefulness is unquestionable following the government's announcement of its intention to re-examine the current law pertaining to entry, seizure and distraint, with a view to drafting and enacting new legislation to curb what are seen as the excessive powers taken advantage of by bailiffs -- to cite only one example -- including powers, allegedly, to kick down doors in certain instances.
Following concern about the proliferation of such powers, the practitioner is well advised to get hold of this latest edition of this authoritative text. This is an extremely valuable contribution to the continuing debate on the extent of the powers of the state to interfere with the personal affairs, not to mention the privacy of the private citizen.
If anything, the book certainly reveals the many and varied grey areas which currently loom over and inform (or misinform) just about any discussion of entry, search and seizure issues: the use of force, for example.
What is force exactly? When may it be used? As there is no absolutely unequivocal answer, the rights and wrongs involved remain arguable. Current laws, therefore, are in need of reform, which it is anticipated will be imminent and which will no doubt be examined in the next and sixth edition, we hope, of this excellent book.
Covering any number of issues from the human rights context and remedies, to criminal investigations, civil procedures and revenue customs and excise, the book examines the significant changes in the law that have occurred since publication of the previous edition in 2005.
The chief examples include the Serious Organised Crime and Police Act 2005 which came into force in 2006 and the provisions contained in the Protection of Freedom Act 2012 and its associated code of practice.
Research tools abound, including copious footnoting, and at least fifty pages consisting of tables of cases, primary legislation, secondary legislation and international instruments as well as a list of abbreviations and detailed index.
Certainly the book will update you authoritatively on developments in this complicated area of law. As author Richard Stone has stated, the main text of this edition was completed as of September 2012 with further material added in December 2012.
0 of 0 people found the following review helpful.
Five Stars
By Amazon Customer
Very well written book and indeed loaded with relevant useful info on the subject matter.
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