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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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This book is now Out of Print.
A new edition has been abandoned before publication:
Active Defence 3rd ed isbn 9781853289644

Active Defence 2nd ed

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ISBN13: 9781853286810
ISBN: 1853286818
New Edition ISBN: 1853289647
Published: May 2000
Publisher: Law Society Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print

Out Of Print
This guide to the disclosure provisions of the Criminal Procedure and Investigations Act 1996 and police, forensic and defence investigation is essential for defence lawyers. It explains how they can manage restrictions on the disclosure of unused material, and deal with the requirement to give a written defence disclosure statement.

The book shows solicitors how to practise 'active defence' - systematically taking the prosecution case apart to expose its weaknesses and investigating the case for the defence. It also contains the Code of Practice under Part II of CPIA 1996, the main disclosure rules and other useful reference material including a forensic glossary. This new completely revised edition reflects the practical experience gained by lawyers since the Act's introduction and recommends a new approach to drafting the defence statement.

It includes the new rules on third party disclosure and the changes resulting from the new Narey provisions. Practical advice on investigating the scene has also been greatly expanded.

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List of abbreviations
1. The CPIA in practice: the experience of the legal profession and the need for active defence
2. The framework of investigation: from offence to evidence
3. Process corruption: the threat to the effectiveness and integrity of police investigation
4. The path of forensic scientific investigation: theory and practice
5. Retracting the police investigation: how it should be recorded
6. The police duty to reveal information to the prosecutor
7. Disclosure to the defence: the unfolding picture
8. The analysis of disclosed material
9. Active defence in the police station
10. Primary disclosure: the prosecutor's duty to disclose unused material to the defence
11. Making defence disclosure
12. Prosecution secondary disclosure
13. Problematic disclosure: material subject to particular restrictions
14. Further defence investigations