Limits of Criminal Law Flashcards
What are the legal limits of the legislative power of the UK and Scottish Parliament?
The UK Parliament has virtually no legal limits and can criminalise whatever behaviour they see fit, the Scottish Parliament can legislate within the bounds of its competence
What potential legal obstacles to criminal law?
Criminal laws could be challenged on incompatibility with the ECHR, though this is rare.
article 7 provides that there is no punishment without law.
Describe the moral limits brought to question in R v Brown (1994)
Consent to harm in sadomasochistic sex. Should consent function as a defence to charges of assault ?
Sometimes it is ( tattooing, boxing etc) sometimes not (unregulated fights)
What moral limits are brought into question with offences of possession ?
Most think you should eb punished for DOING something wrong. Criminal Law is sometimes used to pre-empt harm before it materialises (punish for carrying knife)
This can be in tension tension civil overtimes and rights. People are stopped from doing things that they could have innocent reasons for
What is a definition of ‘breach of peace’ ?
Breach of peace requires conduct conduct is severe enough to
(i) cause alarm to ordinary people and
(ii) threatened disturbance to the community
Must cause ALARM and have a PUBLIC element
