The Gazette 1975

Book Reviews

Barnard (David) — The Criminal Court in Action.

London: Butter'worths, 1974. xiv, 182p. 25 cms. (Paper-

back), £3.00.

The author is Lecturer in Criminal Procedure to the

Council of Legal Education in London, and the aim

•s to provide a practical explanation of the working of

the Criminal Courts in England. For greater realism,

fictional examples have been taken, and the volume

starts off with "The case of William Sikes", who is

alleged to have stolen a gramophone record from a

supermarket; the full evidence, in the form of question

and answer, of all the witnesses is given. He is finally

convicted, placed on probation, and ordered to pay

£60 towards the costs of prosecution. Undoubtedly

the best way to learn how the Courts work is to go and

*'atch them, particularly in relation to criminal pro-

cedure.

In considering the detailed rules of criminal pro-

cedure, the author has dealt with (1) the investigation

°f crime, including search warrants and the Judge's

Rules, and identification parades; (2) Proceedings be-

fore Magistrates, including Information and Sum-

monses; (3) Committal Proceedings; (4) Trial at the

Crown .Court, including Indictments, Arraignments.

Juries, and the detailed course of the trial; (5) Sum-

mary Trial before Magistdates including Juvenile Court

Proceedings; (6) Appeals from Magistrate's Courts

to Crown Court, including Certioraris, or appeals to

the High Court on points of law; (7) Appeals from

the Crown Court to the Criminal Division of the Court

°f Appeal; (8) Bail.

The m::t pert relates to sentencing, and includes

(1) The process of sentencing; (2) Imprisonment;

(3) Suspended sentences and probation; (4) Young

People who can be sentenced to liorstal or detention.

The Appendix contains modern English Statutes. This

undoubtedly a useful book for those who are un-

•mtiated in criminal procedure.

d i v e r t ( H a m ) — Social Security Law. London:

Sweet & Maxwell, 1974. xxxviii, 318p. 22 cms. (Paper-

back), £3.60.

It will be recalled that the Irish Social Welfare Act.

73 has extended Social Welfare to all without any

financial limit. Consequently the broad principles of

this work would apply to the Irish Social Security Code,

although details as to amounts payable and as to

amounts paid in the event of unemployment and sick-

ness would be different. Professor Calvert is well-

Known to our members as the author of "The Con-

stitutional Law of Northern Ireland" and the learned

author has expounded his views with the same clarity

and precision as in that work; he has successfully

bought order to this complicated subject, which has

far not l>een attempted. The decisions of the British

National Insurance Commissioners, save on a point of

law, are normally final, and a surfeit of jurisprudence

has been built up around them. This does not apply

to the decisions of the Irish appeals officers, and very

few decisions of the High Court in Ireland on this

subject are reported. The general grounds of dis-

qualification are absence from Britain and imprison-

ment, although some Memljer States of the European

Community have made reciprocal arrangements. Un-

employment Benefit is only payable in respect of each

full day of employment; half days do not count. There

are very involved provisions relating to trade disputes.

Other benefits such as those relating to sickness, widows,

maternity, death and supplementary lienefits arc Mis-

dealt with. — A most useful book.

THE SPIRIT OF THE NATION

Cynics will, to a greater or lesser extent, agree with

some of the following critical observations in a lx>ok

on Ireland, published by an Irish-American, Mr.

Thomas J. O'Hanlon, editor of Fortune Magazine,

recently:-

(1) An anonymous public person made a .fortune

by land speculation. His profits were tax free, and he

used them to further real estate speculation in Northern

Ireland, where land values dropped on account of

the lxnnbings.

(2) Political corruption is far worse in Ireland than

Tanunary Hall in its hey day. As there are no laws

compelling politicians to disclose their conflict of inter,

est, they act unscrupulously as they wish. Corruption

is condoned because pull is everything, and the larger

Ijenefits are subject to it.

(3) There is an atmosphere of free-booting financial

deals. Multi-national corporations are swarming all

over the place to get a foot in the Common Market.

(4) The laws on censorship, birth control, divorce

and adoption remain apparently immutable. Although

only a handful of clerics have ever visited the festering

slums of Dublin, the Hierarchy, too frequently con-

sulted by politicians, allegedly keep secret files on

public figures.

(5) Ireland is a poor country, and it crucifies the

poor. Mental illness is the highest in Europe. There is

a high consumption of tranquilising drugs in Dublin.

11% of disposable income is spent in the consumption

of alcohol.

(6) All brands of I.R.A. nationalism are attacked —

Old, New, Provisional and Official.

(7) Examples are given of irregularities in adminis-

trative appointments. The personnel of some Govern-

ment Commissions is exposed as consisting of stooge

Government supporters, while experts are consistently

ignored.