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.
Pamela Ferguson is Professor of Scots Law at the University of Dundee. She is author of Breach of the Peace (Edinburgh University Press, 2013), and Scots Criminal Law (Edinburgh University Press, 2014).