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Book review
Felicity Gerry and Catarina Sjölin
Wildy, Simmonds and Hill, January 2010, £69, ISBN 0854900357
Once a month, between February 1999 and April 2000—usually on a Thursday—a very disparate group of mainly middle-aged men and women met at Queen Anne’s Gate to talk about sex. Known collectively to ourselves—and to the Home Office receptionists—as the “Sex Offenders” we were the members of Jack Straw’s Steering Group, set up to review the law on sex offences. Essentially we were given a blank sheet of paper on which we were encouraged to set out a blueprint for a new sex offences law for the next generation or three. Our report “Setting the Boundaries” contained a total of 62 recommendations. It was published in July 2000. It formed the basis for the government’s Sexual Offences Bill, which received Royal Assent on 20 November 2003 and came into force on 1 May 2004. Five years later the new case law is beginning to develop—and the books are starting to proliferate.
Inevitably some of those books have attempted an academic analysis of the new offences and the new statute. In their “Sexual Offences Handbook” Felicity Gerry and Catarina Sjölin have tried something just as important, arguably more complex, and certainly more valuable for the criminal practitioners. Both authors have extensive experience prosecuting and defending in sex crime trials. They admit that they were encouraged to develop their book as a result of their frustration “with the increasing complexity in sex crime law and the lack of definitive books dealing with the many and varied issues that arise in cases of this type”.
In their 630 pages Gerry and Sjölin range widely from “abuse of process” and “nolle prosequi” to referrals to the Criminal Cases Review Commission to appeals to the Supreme Court. They deal with the law as “historic”, “updated and spanning” and “recent”. For each offence they state the law, provide a draft indictment, set out the elements of the offence, suggest alternative offences, and analyse the possible and probable sentences including both aggravating and mitigating features. Their sentencing section alone covers over 100 pages!
In his Foreword to the book Judge Nicholas Browne QC describes this “very complete handbook” as “considering carefully” all aspects of the trial process, and setting out the many and complex new issues “clearly and methodically”. He roundly congratulates the authors “for writing such a detailed and helpful guide which every practitioner in this field of work will find invaluable”. I concur, and have nothing to add (as the Court of Appeal wingman would probably say!).
Martin Bowley QC
Inevitably some of those books have attempted an academic analysis of the new offences and the new statute. In their “Sexual Offences Handbook” Felicity Gerry and Catarina Sjölin have tried something just as important, arguably more complex, and certainly more valuable for the criminal practitioners. Both authors have extensive experience prosecuting and defending in sex crime trials. They admit that they were encouraged to develop their book as a result of their frustration “with the increasing complexity in sex crime law and the lack of definitive books dealing with the many and varied issues that arise in cases of this type”.
In their 630 pages Gerry and Sjölin range widely from “abuse of process” and “nolle prosequi” to referrals to the Criminal Cases Review Commission to appeals to the Supreme Court. They deal with the law as “historic”, “updated and spanning” and “recent”. For each offence they state the law, provide a draft indictment, set out the elements of the offence, suggest alternative offences, and analyse the possible and probable sentences including both aggravating and mitigating features. Their sentencing section alone covers over 100 pages!
In his Foreword to the book Judge Nicholas Browne QC describes this “very complete handbook” as “considering carefully” all aspects of the trial process, and setting out the many and complex new issues “clearly and methodically”. He roundly congratulates the authors “for writing such a detailed and helpful guide which every practitioner in this field of work will find invaluable”. I concur, and have nothing to add (as the Court of Appeal wingman would probably say!).
Martin Bowley QC
Book review
Felicity Gerry and Catarina Sjölin
Wildy, Simmonds and Hill, January 2010, £69, ISBN 0854900357
Once a month, between February 1999 and April 2000—usually on a Thursday—a very disparate group of mainly middle-aged men and women met at Queen Anne’s Gate to talk about sex. Known collectively to ourselves—and to the Home Office receptionists—as the “Sex Offenders” we were the members of Jack Straw’s Steering Group, set up to review the law on sex offences. Essentially we were given a blank sheet of paper on which we were encouraged to set out a blueprint for a new sex offences law for the next generation or three. Our report “Setting the Boundaries” contained a total of 62 recommendations. It was published in July 2000. It formed the basis for the government’s Sexual Offences Bill, which received Royal Assent on 20 November 2003 and came into force on 1 May 2004. Five years later the new case law is beginning to develop—and the books are starting to proliferate.
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