25.06.2021 | History

5 edition of Breach of the Peace (Scottish Criminal Law & Practice Series) found in the catalog.

Breach of the Peace (Scottish Criminal Law & Practice Series)

a book of impressions from American life in tales and poems.

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Published by Administrator in Lexis Law Publishing (Va)

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      • nodata

        StatementLexis Law Publishing (Va)
        PublishersLexis Law Publishing (Va)
        Classifications
        LC ClassificationsDecember 1990
        The Physical Object
        Paginationxvi, 60 p. :
        Number of Pages48
        ID Numbers
        ISBN 100406144303
        Series
        1nodata
        2
        3

        nodata File Size: 8MB.


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In that case, a hospital patient referred to a German doctor as a 'Nazi bastard' and 'Nazi German', and continued to do so when asked to stop. From a prosecution perspective, the extent of evidence required to prove a section 38 offence with a section 96 racial aggravation attached is slightly less onerous in terms of corroboration than that required of a section 50A offence where the entire element of the offence must be corroborated.

Breach of the peace lawyers

In each case the offence is racially aggravated if the offender is motivated by malice and ill-will towards members of a racial group based on their membership of that group, or evinces malice and ill-will towards the person affected based on that person's membership, presumed membership or association with a racial group. If you live in the Inverness area, you could be charged with breach of the peace if you are found to be engaging in any kind of behaviour that is threatening or worrying to other people.

Given the existence of both the section 38 offence and the section 96 racial aggravation, I have considered whether there are any differences in effect or presentation which mean that a section 50A offence is still necessary in relation to race. Second, the offence is more specific in identifying the behaviour which is made criminal.

And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Scots Criminal Law.

Breach of the peace lawyers

Section 50A incorporates two separate offences: a racially aggravated course of conduct which amounts to harassment of a person and is intended to amount to harassment or occurs in circumstances where it would appear to a reasonable person that it would amount to harassment; and b a single racially aggravated act which causes, or is intended to cause, a person alarm or distress.

The statistics demonstrate that this route is being used in practice in conjunction with statutory aggravations to tackle hate-based prejudice on different grounds. In particular, the advent of the offence of threatening or abusive behaviour contrary to section 38 means that there is an alternative route to target the behaviour, which is well understood by the criminal justice authorities and which is clear about the nature of the conduct in question.

The statutory aggravation could be used in conjunction with any baseline offence, including the common law breach of the peace. However, this decision must be read in the light of the later decision in Mack v PF Falkirk which confirmed that section 38 could be used in such circumstances. I do not detract in any way from the seriousness of racial harassment. There were arguments that everyone should be protected against harassment regardless of the reason for itand for parity between the protected groups.

She argued that she had engaged in this sort of conduct before, and it appeared to be arbitrary whether she would be arrested for it or not.