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Ahmed (Adnan) v H.M Advocate, public harassment of women and girls and the Criminal Justice and Licensing (Scotland Act 2010) s 38(1).

Sharp, Laura

Authors

Laura Sharp



Abstract

The Working Group on Misogyny in Criminal Justice in Scotland recommended in March 2022 that there should be a Misogyny and Criminal Justice (Scotland) Act which would inter alia create a new statutory offence of public misogynistic harassment. This article examines the decision of the High Court of Justiciary in Ahmed v H.M. Advocate [2020] HCJAC 37 to show that the offence of behaving in a threatening or abusive manner contained in s38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 is not designed to deal with lower-level misogynistic abuse and public harassment of women. It also highlights the difficulties faced by police and prosecutors in deciding whether the threshold of criminality has been crossed in cases where the accused’s behaviour is not overtly abusive but is alarming and disturbing to the complainer and may have been intended by the accused to be so.

Citation

SHARP, L. [2022]. Ahmed (Adnan) v H.M Advocate, public harassment of women and girls and the Criminal Justice and Licensing (Scotland Act 2010) s 38(1). Juridical Review [online], (accepted). To be made available from: http://legalresearch.westlaw.co.uk/

Journal Article Type Article
Acceptance Date Nov 7, 2022
Deposit Date Nov 10, 2022
Journal Juridical Review
Print ISSN 0022-6785
Publisher Sweet and Maxwell
Peer Reviewed Peer Reviewed
Keywords Misogyny; Criminal justice; Scotland; Public harassment
Public URL https://rgu-repository.worktribe.com/output/1805922
Publisher URL http://legalresearch.westlaw.co.uk/

This file is under embargo due to copyright reasons.

Contact publications@rgu.ac.uk to request a copy for personal use.




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