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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: 26 May 2020

A Critique

A Critique

Chapter:
(p.93) Chapter 6 A Critique
Source:
Breach of the Peace
Author(s):

Pamela R Ferguson

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861490.003.0006

This final chapter criticises the crime’s definition, its use by the prosecution in place of other, more apposite offences, and the diverse range of wrong-doing which has been subsumed in this one crime. Despite the fact that the appeal court has redefined its actus reus in recent years, it is suggested that the uncertainty that surrounds its definition, particularly in relation to its mens rea, as well as its broad application, is such that breach of the peace should be reformed and restated by statute.

Keywords:   Critique, Actus reus, Mens rea, Reform

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