The Gazette 1967/71
forfeiture. The author deals inter alia with the desire of the public for uniformity in sentencing by different judges for the same type of effence or by the same judge in different cases involving the same type of offence. The author shows that however laudable that desire, it is difficult to attain if the Courts are to administer justice with care for the circumstances of each case and each offender. That desire has, incidentally, found legislative expression in this country. The Courts of Justice Act, 1961 pro vides that at any statutory meeting of Justices that may be called by the President of the District Court, there shall be discussed in particular avoidance of undue disparity in level of fines and other penalties. The work shows a close study of many English modern decisions. There are also many references to report of different commissions and to treatises, all illustrating the application of different principles in the composition of sentences. Although it is no adverse criticism of this book, it is doubtful whether penology can become an exact science. While a general principle or principles may be sought to justify a sentence, these principles jockey for position, for they are often not mutually reconcilable. Is protection of the public or public deterrence to outweight the individual interest of the defendant? Mr. Devlin has, however, aided the guidance of judicial discretion in punishment by signposting the different routes the judge may take. M. Keane and Alexander. Second edition; 8vo. pp. xliii, 304 (London, Oyez Publications, 1969, £3.25) Most practitioners in practice come across this subject in relation to the difficulties encountered in connection with licensing provisions of a club; this is fully covered in Chapter 6, although the Irish law, based originally on an Act of 1904, is somewhat different. Other matters considered are —"The Formation of a Club," "The day to day running of a club" (50 pages), and Contract and Litigation in connection with Clubs. The chapter relating to "Gaming in Clubs" is hardly 178 The Law of Clubs, Josling (J. F.)
Court in relation thereto, the award, its enforce ment, remission or setting aside, the text of the Act of 1950, Costs, the relevant Rules of the Supreme Court, an Appendix of useful Forms. At each stage problems arising are elucidated by reference to decided cases, and the practitioner may turn with confidence to this masterly work. A brief review can only point to the content of Russell. The close correspondence between the Irish Arbitration Act, 1954 and the English Act of 1950 make this an unusually reliable work for Irish lawyers. Since these enactments, with minor exclusions, apply to the numerous statutory arbitrations under the Local Government and other Acts and since our entry to the largest European Community may be expected to in crease the number and importance of consensual arbitrations, the practitioner must have to hand an authoritive work on the subject. This latest Edition of Russell, pleasing and convenient in format and—for today—reasonably priced, is confidently recommended to both branches of the legal profession. M. Purcell Sentencing Offenders in Magistrates' Courts, by Keith Devlin; 8v.; pp. 217 (London, Sweet & Maxwell, 1970). The study of the appropriate punishment for legal offences is the responsibility of the few, the judiciary. But its importance transcends many branches of law because it affects the fortunes and lives of those who offend the law. With the rapid growth in statutory offences the number of offenders is legion and continues to grow. In this work the author seeks to rationalise the principles that should determine punishment. He classifies them under five principles; retribution, individual deterrence, general deterrence, protec tion of the public and rehabilitation of offender. Although the book by its title is directed to magisterial courts, the same principles of assess ing punishment apply to all courts exercising criminal jurisdiction. The later part of the book deals with the application of the principles to jurisdiction peculiar to magistrates' courts where not only orders for imprisonment may be made, but also orders for payment of fines, compensa tion and for restitution, disqualification or
Made with FlippingBook