Now in its third edition, Scots Criminal Law: A Critical Analysis provides a clear statement of the current law, updated to reflect changes in the law which have occurred in the past 11 years. Retaining the theoretical and critical focus of its previous editions, it also considers what types of behaviours should be subject to the criminal sanction, and why.
More than 100 new cases have been referenced, as have dozens of new statutory offences, including those created by the Human Trafficking and Exploitation (Scotland) Act 2015, the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, the Domestic Abuse (Scotland) Act 2018, and the Hate Crime and Public Order (Scotland) Act 2021.
While the book is suitable for use by students and practitioners alike, it is also stimulating for anyone with an interest in the future development of criminal law.
Preface to the Third Edition Preface to the First Edition Acknowledgements Table of Cases Table of Legislation Commonly Used Abbreviations Part I. Determining the Appropriate Scope of the Criminal Law 1. Philosophical Underpinnings 2. Principles of Criminalisation 3. Harming and Offending 4. Fairness and Justice in Criminalisation Part II. Foundations 5. Procedural Framework and Sources 6. Actus Reus and Mens Rea 7. General Principles of Liability 8. Preventive Offences Part III. Offences which Threaten or Harm Bodily Integrity 9. Homicide 10. Non-Fatal Offences Against the Person 11. Sexual Offences Part IV. Offences which Threaten or Harm Interests in Property 12. Crimes of Dishonesty 13. Other Property-Related Crimes Part V. Offences which Protect the Course of Justice and Public Order 14. Offences Against the Course of Justice 15. Public Order Offences 16. Offensive Behaviours Part VI. Statutory Offences and Business Crime 17. General Principles of Statutory Offences 18. Business Crime, Regulatory Offences, ‘White Collar’ Crime and Corporate Liability Part VII. Defences 19. Alibi, Incrimination, Non-Age, Error and Consent 20. Mental Disorder, Unfitness for Trial, Diminished Responsibility, Intoxication and Automatism 21. Coercion, Necessity, Self-Defence, Provocation, Superior Orders and Entrapment Part VIII 22. Concluding Remarks Index
Pamela Ferguson is Professor of Scots Law at the University of Dundee. Claire McDiarmid is Professor of Criminal Law and Children’s Rights at the University of Glasgow
