In the preface to this book the Author Kuljit Bhogal states that it tries to be a single point of reference for the powers introduced by the ASB, Crime and Policing Act 2014. It fulfils that objective admirably.
The book is written for both lawyers and non-lawyers and is a very useful reference guide with handy practical tips for practitioners as well as technical advice on court rules and processes for their lawyers.
As is common for books on new legislation it includes the text of the legislation, relevant regulations published up to 31st December 2014 and the Guidance. However it goes beyond that by including very useful sections with precedents and sample injunction prohibitions.
Author: Kuljit Bhogal, Cornerstone Barristers
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Published by: Bloomsbury Professional
The main explanatory text is some 200 pages long and on reading it is easy to see why Kuljit is praised for her practical style and ability to communicate concepts clearly. There are chapters devoted to each of the main remedies from the Civil Injunction to the ASB Case Review process. Each chapter starts with a quick overview of what the new powers are, what the old powers were and the key areas to be aware of.
Following a brief explanation of the reasons driving the changes in Chapter 1, Kuljit provides a chapter dedicated to the key areas of human rights and equality which all practitioners in this area need to understand. The advice on the quality of decision making and the type of assessment needed to withstand the challenges commonly made on these grounds is very helpful. Throughout the remaining chapters Kuljit highlights where the issues covered in this chapter have an impact and cross references to them to alert the reader to potential pitfalls.
I found the Chapters on the new possession powers and the new closure order powers particularly useful with a clear explanation of what the powers can and cannot be used for and practical advice on making the applications in Court.
Although the powers relating to injunctions were not in force at the time of publication, she highlights where there is a power to make regulations so that the reader can check for any relevant matters with ease.
Overall I found this a very useful and easy to follow book and would recommend it to any practitioner but especially for those who do not carry out ASB work on a regular basis.
Gillian Marshall is the Solicitor to the Council at Selby District Council. Gillian previously worked at Leeds City Council where she was Section Head for the Regulatory and Enforcement Team responsible for carrying out ASB and environmental enforcement work for the City Council.