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Breach of the Peace$
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Pamela R. Ferguson

Print publication date: 2013

Print ISBN-13: 9781845861490

Published to Edinburgh Scholarship Online: May 2015

DOI: 10.3366/edinburgh/9781845861490.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 06 April 2020

The Modern Law

The Modern Law

Chapter:
(p.23) Chapter 3 The Modern Law
Source:
Breach of the Peace
Author(s):

Pamela R Ferguson

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861490.003.0003

Chapter 3 focuses on the modern law. The greatest impact on the crime in recent years has resulted from the further effect given to the European Convention of Human Rights (ECHR) by the Scotland Act 1998, and the Human Rights Act 1998. This requires all public authorities in Scotland, including the Lord Advocate as head of the Crown Office and Procurator Fiscal Service, to act in accordance with Convention rights, and allows individuals to claim the protection of these rights in domestic courts. This chapter explains how the definition of breach of the peace underwent substantial revision since the ECHR became part of domestic law, and its ambit was considerably reduced.

Keywords:   ECHR, European Convention on Human Rights, COPFS, Crown Office, Procurator Fiscal Service

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