Zander, M. The Police and Criminal Evidence Act 1984 (5th edit) (2003). Thomson, Sweet & Maxwell, London
Fifth edition reviewed by Denis Clark
The Fourth Edition of this authoritative work on the Police and Criminal Evidence Act 1984 had been a long time in coming (the previous edition was published in 1995), due to Zanders desire to incorporate the April 2003 Code of Practice into the text. This, the fifth edition incorporates the new Code of Practice and deals with amendments to PACE to be introduced by the Serious Organised Crime and Police Act 2005 which is not yet in force.
Clearly some commentators may feel that waiting for these provisions to come into force may have been wise. Readers will have to be alert to the changes as commencement orders are likely to bring in the provisions in a piecemeal way, this will require careful reading of the many footnotes. Although the publisher promises to provide an updating site as changes occur I regret to say that sometimes these updating sites are neglected, potential purchasers will have to take Sweet and Maxwell at their word. These things are beyond the control of the author: there has not been an ideal time to publish a new book on criminal justice issues for many years, given the present governments enthusiasm for legislation in the rapidly changing law and order environment.
The Act provides legality for almost all police powers and it is central to the investigative process not only for police officers but also for the increasing number of non-police investigators. In broadly the same format as previous editions a commentary on the Act, the Act itself and the Codes of Practice. There are eleven sections making up the commentary distinctively separated to include sections on all aspects of police powers from stop and search to arrest, detention, interviewing, the taking of samples for forensic purposes and issues of evidence. Each section ends with a series of questions that demonstrate the practical application of the law. A comprehensive table of statutes and cases make the readers search for material straightforward and the book is well presented and easily digestible. Different colours for the Act, the Codes and so on make finding the relevant material much easier.
There are separate chapters on the Police Reform Act 2002 which details the powers for civilians employed by the police as investigators and in the care of people in police detention, and the, albeit minimalist, discussion of the Human Rights Act. The latter criticism mitigated by the inclusion of relevant case material in the separate commentary on each power.
The chapters on evidence in Parts VII and VIII and the Right of Silence are excellent summaries. Welcome additions include the changes to charging practice introduced by the Crime Justice Act and the DPPs guidance.
Once again Zander achieves his stated objective of unravelling the complexities of the Act but I am bound to take exception with his suggestion that he does not seek to offer critical reflection of the merits of the law. Perhaps he achieves this implicitly by much useful statistical information about the exercise of police powers and qualitative research that has informed many of the changes. For example the New Code emphasises societys recognition of diversity issues and there are summaries of the work carried out to inform the new provisions. Some chapters contain suggestions for further reading and there are comprehensive footnotes leading to much essential further reading. Even if it is accepted that the author does not seek to offer critical reflection on the merits of the law, he is scathing of the Home Office process which influenced the changes and his position as a member of the Royal Commission on Criminal Justice (1991-1993) and as a leading authority on the Act qualifies him to do so.
Perhaps the major question to address in a work of this nature is accessibility and accuracy. Zander has produced a first class reference work on the complex and burgeoning area of investigative powers which will be indispensable reading for lawyers, police officers a