A Draft Criminal Code for Scotland

A Commentary

Author:
Scottish Law Commission
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At present, much of the criminal law of Scotland is contained in common law form - that is to say, it is derived from a large number of decided court cases and from books, of respected authority, written in earlier centuries.

The draft code is designed to replace the common law crimes and also a number of statutory offences in the same fields as those crimes. The code puts the general principles of criminal liability and the common law crimes into statutory form and includes a small number of related statutory offences.

The code takes the form of a draft Bill for the Scottish Parliament. Every attempt has been made to draft it in a simple and intelligible way.

Scotland is unusual in not having its basic criminal law set out in statutory form. Most countries have a criminal code. This report has been written by a group of Scottish law professors and published under the auspices of the Scottish Law Commission with a view to stimulating discussion of the topic.

Extent 212pp Sub. No.
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