Recommend to your Librarian

Breach of the Peace

Pamela R. Ferguson

eBook (PDF) i

Critiques the common-law crime of breach of the peace in Scots law

Despite the number of prosecutions, and the appeal court's attempts to narrow its ambit in recent years, breach of the peace remains ill-defined in Scotland. Describing its development from the mid-19th century to the present day, Pamela Ferguson criticises the breach of the peace on several fronts.

Show more


Table of Cases
Table of Legislation
1. The Importance of Breach of the Peace
2. Historical Developments
3. The Modern Law
4. Statutory Development
5. Criminalising Breaches of the Peace
6. A Critique
Appendix A: The Locus
Appendix B: The Conduct

About the Author

Pamela Ferguson is Professor of Scots Law at the University of Dundee. She is author of Breach of the Peace and Scots Criminal Law, 2nd edition (EUP, 2014).


This is an impressively thorough account of the case law and practice and a persuasive argument for law reform. The insights contained are enhanced by the author’s prior experience as a procurator fiscal. This experience shines through in a text that has both practical and scholarly merit. As such, the book will be of great interest to academics, students and legal practitioners.

- Fiona Leverick, University of Glasgow, The Edinburgh Law Review

I commend [Breach of the Peace] as a handy starting point for considering where the law on the subject has come from and where it might go.

- Frank Crowe, Sheriff at Edinburgh, The Journal of the Law Society of Scotland

Inspection Copy

You must log in or register to request an inspection copy.