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Scots Criminal Law: A Critical Analysis 3rd ed


ISBN13: 9781399517300
Previous Edition ISBN: 9781845861308
To be Published: December 2025
Publisher: Edinburgh University Press
Country of Publication: Scotland
Format: Paperback
Price: £45.00



This book provides an up-to-date statement of the Criminal Law of Scotland, with a theoretical and critical focus, for students, academics and practitioners.

  • Clear description of the current law
  • Critique of the law and recommendations for reform.
  • Broad coverage including offences against the course of justice and business crimes
  • Book now uses OSCOLA referencing

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.

Subjects:
Scots Law
Contents:
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