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Codifying criminal law (2)

Codifying criminal law (2): the Scots and English draft codes compared

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Original languageEnglish
Pages105-119
Number of pages15
JournalCriminal Law Review
Journal publication dateFeb 2004
Issue2
StatePublished

Abstract

This, the second of a two part article, compares the draft Scottish criminal code with that prepared for England and Wales. Highlights the treatment of sexual offences against the person, offences of dishonesty, and the scope and availability of defences while also noting provisions contained in only one of the codes. Assesses the extent to which enactment of both draft codes would bring Scots law closer to English law. Reflects on whether the main reason for the Scottish draft code being noticeably shorter than the English document is a different philosophical approach, the Scottish draft incorporating a greater degree of generality, leaving greater scope for judicial interpretation. © 2011 Sweet & Maxwell

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