Ahmed (Adnan) v H.M Advocate, public harassment of women and girls and the Criminal Justice and Licensing (Scotland Act 2010) s 38(1).
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  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.
SHARP, L. . 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|
|Publisher||Sweet and Maxwell|
|Peer Reviewed||Peer Reviewed|
|Keywords||Misogyny; Criminal justice; Scotland; Public harassment|
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