Nicht lieferbar
Critiques the common-law crime of breach of the peace in Scots law Despite the number of prosecutions, and the appeal court's attempts to narrow its ambit in recent years, breach of the peace remains ill-defined in Scotland. Describing its development from the mid-19th century to the present day, Pamela Ferguson criticises the breach of the peace on several fronts. Ferguson also considers related statutory offences, such as those created by the Criminal Justice and Licensing (Scotland) Act 2010 and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012, and considers how effective these new offences have been at supplanting the common-law crime.
Breach of the Peace As well as describing the development of this frequently prosecuted crime from the mid-19th century to the present day, this book offers a critique of the current law. Related statutory offences are also considered, including those created by the Criminal Justice and Licensing (Scotland) Act 2010, and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012, as is the extent to which these new offences supplant the common law crime. The author argues that breach of the peace is a crime which is open to criticism on several fronts. In particular, and notwithstanding attempts in recent years by the appeal court to narrow its ambit, it remains ill defined. Contents Table of Cases Table of Legislation 1: The Importance of Breach of the Peace 2: Historical Developments 3: The Modern Law 4: Statutory Development 5: Criminalising Breaches of the Peace 6: A Critique Appendix A: The Locus Appendix B: The Conduct Bibliography Index Professor Pamela R Ferguson is a Solicitor and holds the Chair in Scots Law at the University of Dundee. [DUP logo]
Breach of the Peace As well as describing the development of this frequently prosecuted crime from the mid-19th century to the present day, this book offers a critique of the current law. Related statutory offences are also considered, including those created by the Criminal Justice and Licensing (Scotland) Act 2010, and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012, as is the extent to which these new offences supplant the common law crime. The author argues that breach of the peace is a crime which is open to criticism on several fronts. In particular, and notwithstanding attempts in recent years by the appeal court to narrow its ambit, it remains ill defined. Contents Table of Cases Table of Legislation 1: The Importance of Breach of the Peace 2: Historical Developments 3: The Modern Law 4: Statutory Development 5: Criminalising Breaches of the Peace 6: A Critique Appendix A: The Locus Appendix B: The Conduct Bibliography Index Professor Pamela R Ferguson is a Solicitor and holds the Chair in Scots Law at the University of Dundee. [DUP logo]