Criminal Law & Justice

Research into Criminal law and Justice is led by three members of staff: Professor Pamela Ferguson, Dr Genevieve Lennon and Professor Fiona Raitt. Their interests embrace substantive criminal law, criminal procedure (including police powers), and the construction and interpretation of the rules of evidence. Ferguson has co-authored a critical analysis of Scots Criminal Law, and Raitt is the author of a major text on Evidence Law.

Other research projects conducted within substantive criminal law have included: codification of Scots Criminal Law (Ferguson: Draft Criminal Code for Scotland with Commentary, Scottish Law Commission, pp. 205, 2003 - co-authors: E. Clive, C. Gane, and R. A. A. McCall Smith); rape and other sexual offences (Ferguson and Raitt); breach of the peace (Ferguson); counter-terrorism law (Lennon); policing powers (Lennon) and vagrancy laws (Lennon).

In respect of criminal procedure, our research has explored: independent legal representation (Raitt:); corroboration (Ferguson and Raitt); and police powers of stop and search (Lennon).

Evidence Law projects have included: scientific evidence (Ferguson and Raitt); children as witnesses (Raitt); expert evidence (Raitt) and women and syndrome evidence for which Raitt was shortlisted for the British Psychological Society Book Award 2004 (F.E. Raitt, The Implicit Relation of Psychology and Law: Women and Syndrome Evidence (Routledge, 228pp, 2000) (Co-author: S. Zeedyk).

All three staff members consider the impact on Criminal Justice of the European Convention on Human Rights.

Key Publications

P.R. Ferguson, Scots Criminal Law: A Critical Analysis (640pp, DUP, 2009) (co-author: C. McDiarmid)

F.E. Raitt, Evidence: Principles, Policy and Practice (2nd edn, 306 pp, W Green, 2013)

P.R. Ferguson, Breach of the Peace (176 pp, DUP, 2013)

F.E. Raitt, Independent Legal Representation for Complainers in Sexual Offence Trials (Report for Rape Crisis Scotland, 2012)

Lennon, G. ‘Suspicionless stop and search – lessons from the Netherlands’ CrimLR 12 (2013) 975