Book reviews: November 2022

4th edition

Kenneth McK Norrie

PUBLISHER: W GREEN
ISBN: 978-0414098824
PRICE: £75 (also available as e-book on ProView)

This is quite simply the most comprehensive book currently available on this important area of practice. Indeed, the Scottish Parliament is considering the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill which, as it stands, will require that public authorities must not act in a way that is incompatible with the UNCRC requirements. The author notes the finding by the Supreme Court of aspects of that bill as outwith the competence of the Parliament, but he does make reference to it. The author notes that, if introduced into Scots law, the Convention could have as significant an impact in the children’s hearing system as the incorporation of the European Convention on Human Rights.

The book has been substantially updated and takes account of the case law, legislation and statutory instruments since the previous edition in 2013. It has three appendices, the most important of which is the 2011 Act. The author has carefully and shrewdly decided to take into account prospective amendments to the Act, italicising those for ease. As he notes, writing a textbook nowadays that is up to date is “like attempting to reach the end of a rainbow”. This edition is future proofed. 

So what do we have? A thorough examination and consideration of the children’s hearing system, written for panel members, practitioners and those who engage with what remains a unique and child centred system. The book should also be essential reading to prosecutors and defence lawyers, the former as they engage with the reporter in relation to alleged offending by children, and the latter as they will undoubtedly be engaged to represent children and need to appreciate how the system operates. 

The Criminal Procedure (Scotland) Act 1995, s 48 provides that where a person is convicted of a sched 1 offence against a child, or a child is or may become a member of a household of such a person, the court may refer the child to the Principal Reporter and in doing so certify that the offence shall be a ground established for the purposes of the 2011 Act. The author then leads us through the procedure available to ensure the protection of the child. This includes those who are entitled to participate in the hearing, and the assistance available to those engaged in the hearing, including a detailed consideration of ABWOR and legal aid. There then follows an outstanding discussion of the mechanism, procedure and consideration of whether a compulsory supervision order needs to be imposed on the child in terms of s 67. 

Roles and duties of the reporter and panel, how the decision making process should be approached, and the grounds and routes of appeal, are all helpfully and clearly discussed. 

The author set himself the task of this text being accessible. He notes: “Whether I have achieved that aim is for readers of the book themselves to judge.” The answer is an emphatic response that the aim has been achieved.

David J Dickson, solicitor advocate 

6th edition

Hector MacQueen and Lorna MacFarlane

PUBLISHER: BLOOMSBURY PROFESSIONAL
ISBN: 978-1526523372
PRICE: £36 (E-BOOK £29.16)

Readers may wonder why a book such as this should be reviewed in the professional journal of the Law Society of Scotland. As the authors remind us, there were, at October 2020, 12,300 solicitors practising in Scotland, the Law Society is the governing body for solicitors, and education and training is one of the roles and committees within the Society. The Society and its members have duty towards those who wish to enter the profession.

The book is clearly aimed at those who are either considering entering the legal profession or are in the course of law studies and considering their next steps. However, it also provides an interesting and comprehensive overview of the historical development of Scots law, its sources and institutions. 

It is exceptionally readable and written in a straightforward manner. There is reference to those who hold office, such as recording Lady Dorrian’s appointment in 2016 as Lord Justice Clerk, and to the first female solicitor, advocate, sheriff and judge. It was only, apparently, in 1977 that women advocates were permitted to attend bar dinners.

The Crown Office & Procurator Fiscal Service is the largest employer of solicitors in Scotland. There are 430 advocates. Female solicitors account for 55% of the profession. 

Previous and current reviews of the court structure and regulation of the solicitor branch of the profession are also helpfully considered and contextualised. 

The route into the study of law, from the initial UCAS form with the inevitable personal statement, to the course of study, both private and at university is deftly and helpfully considered. How to approach research, essays and exams is addressed. With the combined academic and practitioner backgrounds of the authors, everything the student needs is to be found in this short book. The routes to employment with a law degree, whether solicitor or advocate, are also addressed. 

This book is a treasure trove of practical, insightful and carefully considered advice. 

It is also worthy of note that Bloomsbury will give each student awarded a Lawscot Foundation bursary, 18 law books to assist them. This is generous offer. 

David J Dickson, solicitor advocate