NCJ Number
92624
Date Published
1983
Length
53 pages
Annotation
This pamphlet presents the Scottish objections to recommendations made by the Law Commission Report regarding the mental element in crime and its representation in future legislation in the United Kingdom.
Abstract
Specifically, the recommendations are intended to assure that future legislation prescribing crimes will not leave in doubt the mental element required for the commission of a crime. The Report prescribes that three key words (i.e., intention, knowledge, and recklessness) and no others be used to express the mental element. The Scottish response recognizes the need for legislative formulations that clearly define crimes with respect to liability involving the mental element, but rejects the exclusive use of only three terms and their grammatical derivatives for this purpose. The discussion details objections with respect to the wording of the recommendations and its inapplicability to the nature of Scottish law. Footnotes are provided.