Pamela Ferguson

+44 (0) 1382 385189
Professor of Scots Law
Categories:professors

Bio

Biography

Pamela Ferguson was appointed to the Chair in Scots Law in 2000. She was previously a Senior Lecturer in the Law School (from 1995-1999), and a Lecturer (1989-1995).

Professor Ferguson was a member of the Crown Office and Procurator Fiscal Service from 1986-1989. She was an examiner for the Law Society of Scotland for six years, and Convenor of the Law Society's Examination Board for three years.

Teaching

Undergraduate: Scots Criminal Law and Evidence; Criminal Procedure

Postgraduate: Introduction to Healthcare Law and Ethics; Legal and Ethical Aspects of Pharmaceutical Products (Distance Learning Masters modules).

Professor Ferguson was the Director of the Healthcare Law and Ethics Distance Learning Masters Programme from its inception in January 2006 until 2010, then again from 2011 to 2014.

Postgraduate supervision: Professor Ferguson is interested in supervising PhD or Masters students who wish to explore aspects of criminal justice, criminal procedure or substantive criminal law. Comparative projects, in which students compare Scots criminal law or procedure with that in another jurisdiction, can also be accommodated. She is also keen to supervise research projects in aspects of healthcare law.

Research

Professor Ferguson's main areas of research interest are Criminal Law, and Criminal Procedure. She has also undertaken research into Healthcare Law, and her doctoral thesis focused on the legal liability of doctors, pharmacists and drug manufacturers for injuries caused by pharmaceutical products. This work resulted in her first monograph: Drug Injuries and the Pursuit of Compensation (Sweet & Maxwell, 1996).

In 1997 she was awarded the Royal Society of Edinburgh Research Fellowship and used this opportunity to undertake an empirical research project which explored legal and ethical aspects of clinical trials for new drugs. Other aspects of healthcare law which she has researched include consent to treatment, medical negligence, abortion, and euthanasia. Professor Ferguson's criminal law interests include procedural and evidential aspects of criminal law, as well as substantive criminal law. She is one of the authors of the Draft Criminal Code for Scotland with Commentary, published by the Scottish Law Commission in 2003. More recent books include Scots Criminal Law: A Critical Analysis (EUP, 2014, with C McDiarmid) and Breach of the Peace (DUP, 2013). She was a member of the Academic Expert Group, appointed by Lord Bonomy to consider alternatives to corroboration in criminal trials (its report is available here: http://www.gov.scot/Resource/0046/00460650.pdf), and was subsequently appointed by the Scottish Government to the Post-Corroboration Safeguards Review. The Review Group’s final report is available here: http://www.gov.scot/Resource/0047/00475400.pdf

Publications

Ferguson, PR 2016,

'Reforming Scottish Criminal Procedure: In Search of Process Values' Bergen Journal of Criminal Law and Criminal Justice, vol 4, no. 2, pp. 167-195. DOI:
10.15845/bjclcj.v4i2.1073

Research output: Contribution To Journal



Ferguson, PR 2016,

'The presumption of innocence and its role in the criminal process' Criminal Law Forum, vol 27, no. 2, pp. 131-158. DOI:
10.1007/s10609-016-9281-8

Research output: Contribution To Journal



Ferguson, PR & Scullion, D 2016,

'The Scottish Law on Child Cruelty and Wilful Neglect: time for reform?' Juridical Review: the Law Journal of the Scottish Universities, vol 49, no. 1, pp. 50-74.

Research output: Contribution To Journal



Ferguson, PR & Laurie, GT (eds) 2015,

Inspiring a medico-legal revolution: essays in honour of Sheila Mc Lean. Ashgate, Farnham.

Research output: Book Anthology



Ferguson, P, Raitt, F, Chalmers, J, Leverick, F, Davidson, F, Duff, P & Stark, F 2014,

Post-Corroboration Safeguards Review: Report of the Academic Expert Group . Scottish Government.

Research output: Book Anthology



Ferguson, P 2014,

'Moving from preparation to perpetration?: Attempted crimes and breach of the peace in Scots Law' Ohio State Journal of Criminal Law, vol 11, no. 2, pp. 687-700.

Research output: Contribution To Journal



Ferguson, P & Mc Diarmid, C 2014,

'A victory for fairness and common sense: R v Hughes' Edinburgh Law Review, vol 18, no. 1, pp. 84. DOI:
10.3366/elr.2014.0188

Research output: Contribution To Journal



Davidson, FP & Ferguson, PR 2014,

'The corroboration requirement in Scottish criminal trials: should it be retained for some forms of problematic evidence?' International Journal of Evidence and Proof, vol 18, no. 1, pp. 1-27. DOI:
10.1350/ijep.2014.18.1.439

Research output: Contribution To Journal



Ferguson, PR & Mc Diarmid, C 2014,

Scots criminal law: a critical analysis. 2nd edn, Edinburgh University Press, Edinburgh.

Research output: Book Anthology



Ferguson, P 2013,

Breach of the Peace. Dundee University Press, Dundee, Scotland.

Research output: Book Anthology



Ferguson, P & Raitt, F 2013,

'‘If a picture paints a thousand words …’: the development of human identification techniques in forensic anthropology and their implications for human rights in the criminal process' International Journal of Evidence and Proof, vol 17, no. 2, pp. 127-156. DOI:
10.1350/ijep.2013.17.2.422

Research output: Contribution To Journal



Ferguson, PR & Raitt, FE 2012,

'A clear and coherent package of reforms?: the Scottish Government consultation paper on the Carloway Report' Criminal Law Review, no. 12, pp. 909-926.

Research output: Contribution To Journal



White, RM & Ferguson, PR 2012,

'Sins of the father?: The "sons of Cadder"' Criminal Law Review, no. 5, pp. 357-368.

Research output: Contribution To Journal



Ferguson, PR 2011,

'Repercussions of the Cadder case: the ECHR's fair trial provisions and Scottish criminal procedure' Criminal Law Review, no. 10, pp. 743-757.

Research output: Contribution To Journal



Ferguson, PR 2011,

'The drafting of offence provisions by the Scottish Parliament' Statute Law Review, vol 23, no. 3, pp. 161-185. DOI:
10.1093/slr/hmr013

Research output: Contribution To Journal



Ferguson, P 2011,

'‘Smoke gets in your eyes . . .’: the criminalisation of smoking in enclosed public places, the harm principle and the limits of the criminal sanction' Legal Studies: the Journal of the Society of Legal Scholars, vol 31, no. 2, pp. 259-278. DOI:
10.1111/j.1748-121X.2010.00181.x

Research output: Contribution To Journal



Ferguson, PR 2011,

Criminal law and criminal justice: an exercise in ad hocery. in EE Sutherland, KE Goodall, GFM Little & FP Davidson (eds), Law making and the Scottish Parliament: the early years. Edinburgh University Press, Edinburgh, pp. 208-224. DOI:
10.3366/edinburgh/9780748640195.003.0028

Research output: Contribution To Book Anthology



Aitken, C, Black, S, Ferguson, P, Raitt, F & Rennison, A 2011,

Scots Law of Evidence: fit for purpose in the digital and global age? Scottish Universities Insight Institute, Glasgow.

Research output: Book Anthology



Ferguson, PR 2009,

'Constructing a criminal code' Criminal Law Forum, vol 20, no. 1, pp. 139-161. DOI:
10.1007/s10609-008-9091-8

Research output: Contribution To Journal



Ferguson, PR 2009,

'The TGN1412 drug disaster' Sci Tech Lawyer, vol 5, no. 4, pp. 12-13.

Research output: Contribution To Journal



Ferguson, PR & Mc Diarmid, C 2009,

Scots criminal law: a critical analysis. Dundee University Press.

Research output: Book Anthology



Ferguson, P 2008,

'Reforming rape and other sexual offences' Edinburgh Law Review, vol 12, no. 2, pp. 302-307. DOI:
10.3366/E1364980908000437

Research output: Contribution To Journal



Ferguson, P 2008,

'Clinical trials and healthy volunteers' Medical Law Review, vol 16, no. 1, pp. 23-51. DOI:
10.1093/medlaw/fwm020

Research output: Contribution To Journal



Ferguson, P & Raitt, FE 2006,

'Reforming the Scots law of rape: redefining the offence' Edinburgh Law Review, vol 10, no. 2, pp. 185-208. DOI:
10.3366/elr.2006.10.2.185

Research output: Contribution To Journal



Raitt, FE & Ferguson, P 2006,

'Re-configuring Scots criminal procedure – seismic shifts?' Edinburgh Law Review, vol 10, no. 1, pp. 102-112. DOI:
10.3366/elr.2006.10.1.102

Research output: Contribution To Journal



Ferguson, PR 2006,

Human 'guinea pigs': why patients participate in clinical trials. in SAM Mc Lean (ed.), First do no harm: law, ethics and healthcare. Ashgate, Aldershot, pp. 165-186.

Research output: Contribution To Book Anthology



Ferguson, P 2006,

'The criminal jury in England and Scotland: the confidentiality principle and the investigation of impropriety' International Journal of Evidence and Proof, vol 10, no. 3, pp. 180-211. DOI:
10.1350/ijep.2006.10.3.180

Research output: Contribution To Journal



Ferguson, P 2004,

'Codifying criminal law (2): the Scots and English draft codes compared' Criminal Law Review, no. 2, pp. 105-119.

Research output: Contribution To Journal



Ferguson, P 2004,

'Codifying criminal law (1): a critique of Scots common law' Criminal Law Review, no. 1, pp. 49-59.

Research output: Contribution To Journal



Ferguson, PR 2003,

'Information giving in clinical trials: the views of medical researchers' Bioethics, vol 17, no. 1, pp. 101-111. DOI:
10.1111/1467-8519.00324

Research output: Contribution To Journal



Clive, EM, Ferguson, P, Gane, C & Mc Call Smith, A 2003,

A draft criminal code for Scotland with commentary. The Stationery Office, Edinburgh.

Research output: Book Anthology



Ferguson, PR 2003,

'Legal and ethical aspects of clinical trials: the views of researchers' Medical Law Review, vol 11, no. 1, pp. 48-66. DOI:
10.1093/medlaw/11.1.48

Research output: Contribution To Journal



Ferguson, PR 2002,

'Selecting participants when testing new drugs: the implications of age and gender discrimination' Medico-Legal Journal, vol 70, no. 3, pp. 130-134. DOI:
10.1258/rsmmlj.70.3.130

Research output: Contribution To Journal



Ferguson, PR 2002,

'Patients' perceptions of information provided in clinical trials' Journal of Medical Ethics, vol 28, no. 1, pp. 45-48. DOI:
10.1136/jme.28.1.45

Research output: Contribution To Journal



Clive, EM & Ferguson, PR 2002,

'Unravelling the enigma: a reply to Professor Farmer' Scottish Law & Practice Quarterly, vol 7, no. 2, pp. 81-86.

Research output: Contribution To Journal



Ferguson, P & Mackarel, M 2002,

The European Convention on Human Rights and Scots criminal law. in Human rights and Scots law. Hart Publishing, pp. 307-327.

Research output: Contribution To Book Anthology



Ferguson, PR 2001,

'Breach of the peace and the European Convention on Human Rights' Edinburgh Law Review, vol 5, no. 2, pp. 145-168. DOI:
10.3366/elr.2001.5.2.145

Research output: Contribution To Journal



Ferguson, P 2001,

'Do researchers feel an LREC hinders research?' Bulletin of Medical Ethics, no. 165, pp. 17-19.

Research output: Contribution To Journal



Ferguson, P 2001,

'Patients' experiences and views of clinical trials' Medicine and Law, vol 20, no. 1, pp. 143-152.

Research output: Contribution To Journal



Ferguson, P 2001,

Medical matters. in B Rennie (ed.), Butterworths Scottish older client law service. Butterworths, Edinburgh, pp. Chapters 1-6.

Research output: Contribution To Book Anthology



Ferguson, PR 2000,

'Testing a drug during labour: the experiences of women who participated in a clinical trial' Journal of Reproductive and Infant Psychology, vol 18, no. 2, pp. 117-131. DOI:
10.1080/02646830050008369

Research output: Contribution To Journal



Ferguson, P 2000,

Legal aspects of surgical practice. in A Cuschieri, RJC Steele & AR Moossa (eds), Essential surgical practice. vol. 1, Butterworth-Heinemann, Oxford, pp. 551-557.

Research output: Contribution To Book Anthology



Ferguson, P 2000,

Corroboration and sexual assaults in Scots law. in M Childs & L Ellison (eds), Feminist perspectives on evidence. Feminist perspectives on evidence, Cavendish Publishing, pp. 149-165.

Research output: Contribution To Book Anthology



Ferguson, P 2000,

'Criminal law' Scottish Law & Practice Quarterly, vol 5, no. 2, pp. 172-173.

Research output: Contribution To Journal



Ferguson, P 2000,

'An independent and impartial tribunal? Recent cases from the Scottish courts' Human Rights & UK Practice, vol 1, no. 4, pp. 13-14.

Research output: Contribution To Journal



Ferguson, PR 1998,

'Killing “without getting into trouble”? Assisted suicide and Scots criminal law' Edinburgh Law Review, vol 2, no. 3, pp. 288-314. DOI:
10.3366/elr.1998.2.3.288

Research output: Contribution To Journal



Ferguson, PR 1998,

'The civil liability of the pharmacist' Medicine, Science and the Law, vol 38, no. 3, pp. 258-260.

Research output: Contribution To Journal



Ferguson, PR 1997,

'Causing death or allowing to die? Developments in the law' Journal of Medical Ethics, vol 23, no. 6, pp. 368-372. DOI:
10.1136/jme.23.6.368

Research output: Contribution To Journal



Ferguson, PR 1997,

'Kelly v Kelly and the Royal Infirmary of Edinburgh NHS Trust' Family Law, vol 27, pp. 788-790 .

Research output: Contribution To Journal



Ferguson, PR 1997,

'The legal liability of the community pharmacy for personal injury caused by medicinal products (2): Contractual liability' Pharmaceutical Journal, vol 258, no. 6929, pp. 209-211.

Research output: Contribution To Journal



Ferguson, PR 1997,

'The legal liability of the community pharmacy for personal injury caused by medicinal products (1): Liability for negligence' Pharmaceutical Journal, vol 258, no. 6927, pp. 133-135.

Research output: Contribution To Journal



Bissett-Johnson, A & Ferguson, P 1997,

'Striving to keep alive?: Care and treatment decisions affecting severely handicapped patients in Britain' European Journal of Health Law, vol 4, no. 4, pp. 321-345. DOI:
10.1163/15718099720522174

Research output: Contribution To Journal



Ferguson, PR 1997,

'Posthumous conception: Blood and gametes' Scots Law Times, pp. 61-64.

Research output: Contribution To Journal



Ferguson, PR 1996,

'The withdrawal and withholding of medical treatment' Family Law, vol 26, pp. 563-565 .

Research output: Contribution To Journal



Bissett-Johnson, A & Ferguson, P 1996,

'Consent to medical treatment, by older children in English & Scottish law' Journal of Contemporary Health Law and Policy, vol 12, no. 2, pp. 449-473.

Research output: Contribution To Journal



Ferguson, PR 1996,

Drug injuries and the pursuit of compensation. Sweet & Maxwell, London.

Research output: Book Anthology



Ferguson, P 1996,

'‘Medicinal products and medical negligence’' Clinical Risk, vol 2, no. 5, pp. 168-171.

Research output: Contribution To Journal



Ferguson, PR 1995,

'An ill for every pill' New Law Journal, vol 145, no. 6699, pp. 846, 848.

Research output: Contribution To Journal



Ferguson, PR 1994,

'Compensation for alleged vaccine injury' Journal of the Law Society of Scotland, vol 39, no. 3, pp. 80-82.

Research output: Contribution To Journal



Ferguson, PR 1993,

Controversial aspects of the law of rape: an Anglo-Scottish comparison. in RF Hunter (ed.), Justice and crime : essays in honour of the Right Honourable The Lord Emslie .... T & T Clark, pp. 180-210.

Research output: Contribution To Book Anthology



Ferguson, PR 1992,

'Automatism- negation of mens rea: a rejoinder' Journal of the Law Society of Scotland, vol 37, no. 2, pp. 58.

Research output: Contribution To Journal



Ferguson, PR 1992,

'Pharmaceutical products liability: 30 years of law reform?' Juridical Review: the Law Journal of the Scottish Universities, pp. 226-241.

Research output: Contribution To Journal



Ferguson, PR 1992,

'Liability for pharmaceutical products:: a critique of the 'learned intermediary' rule' Oxford Journal of Legal Studies, vol 12, no. 1, pp. 59-82 . DOI:
10.1093/ojls/12.1.59

Research output: Contribution To Journal



Ferguson, PR 1991,

'The limits of the automatism defence' Journal of the Law Society of Scotland, vol 36, no. 11, pp. 446- 449.

Research output: Contribution To Journal



Ferguson, P 1991,

'Private prosecutions' Solicitors' Journal, vol 135, pp. 952.

Research output: Contribution To Journal



Ferguson, PR 1990,

'Criminal liability for the supply of solvents' Scots Law Times, pp. 301- 303.

Research output: Contribution To Journal



Press

'Young thinker' title for law lecturer Kirsteen

  • Published: 17/11/2011
  • Press clipping: Research

A Lecturer in Law at the University of Dundee has been named Scotland and Northern Ireland Young Thinker of the Year for 2011 for her ideas on how to 'rethink the recession'. Kirsteen Shields (28), originally from Glasgow, was awarded the title by the Young Scotland and Northern Ireland Programme, the organisation founded by the journalist Kenneth Roy. Kirsteen's pre…

Young Scientist Award for Dundee medical student

  • Published: 19/09/2013
  • Press clipping: Research

A final year medical student from the University of Dundee has received a Young Scientist Award at a prestigious medical conference in recognition of her outstanding work on the impact of antibiotic resistance worldwide and its implications for pneumonia patients. The European Respiratory Society made the award to Catriona Rother (24), originally from Edinburgh, at t…

Yes and No voters more alike than they might think, claims study

  • Published: 25/03/2015
  • Press clipping: Research

www.thecourier.co.uk/news/local/dundee/yes-and-no-voters-more-alike-than-they-might-think-claims-study-1.855595

Will the oil price continue to fall?

  • Published: 10/01/2016
  • Press clipping: Other

Live interview on RT-TV Current News Today (Russian Television) "Will the oil price continue to fall?"

Will 2013 be seen as the international Year of Water law Cooperation?

  • Published: 02/07/2013
  • Press clipping: Research

2013 – the UN Year of Water Cooperation – is a big year for international water law. The UN Watercourses Convention, adopted by the UN General Assembly in 1997, may well enter into force before 2014 – only five additional ratifications are required. In addition, the amendment to the UNECE Helsinki Convention, which would allow non-UNECE States to join, is likely to b…

Why you should make plans for digital death

  • Published: 13/02/2011
  • Press clipping: Research

The Sunday Post. Quotes from me appar in the 2/3 page article.

Why has oil gone under $50 per barrel?

  • Published: 21/08/2015
  • Press clipping: Other

Live interview on RT-TV Current News Today (Russian Television) "Why has oil gone under $50 per barrel?"  

Why crowds are good for you

  • Published: 18/10/2012
  • Press clipping: Research

Participation is important for well-being, according to scientists Being stuck in a crowd of a million people doesn’t sound like much fun, but according to the latest research, being with others - even during difficult conditions - can actually be good for well-being. The study, into the biggest religious festival on earth, the Magh Mela, suggests that participation …

WHO status for dental school unit

  • Published: 01/11/2004
  • Press clipping: Research

The Unit of Dental and Oral Health and Health Psychology at the Dental School has been designated a World Health Organisation (WHO) Collaborating Centre for Public Health Issues on Congenital Anomalies and Technology Transfer. Professor Peter Mossey, has been appointed Head of the Centre. Since his arrival at the University in 1994, Peter has established a track reco…

What happens to a couple's digital life after break up?

  • Published: 24/02/2016
  • Press clipping: Research

During a romantic relationship, a couple is likely to create, accumulate and share many digital possessions such as videos, photos, chat histories, and shared accounts like Netflix. These digital possessions can cue precious memories, but if the relationship ends these possessions don't just disappear, they need to be dealt with in some way.  

WATCH: Stephen Fry congratulates Dundee academics for awards victories

  • Published: 13/01/2017
  • Press clipping: Research

https://www.thecourier.co.uk/fp/news/local/dundee/348021/watch-stephen-fry-congratulates-dundee-academics-awards-victories/ by Ciaran Sneddon January 13 2017, 3.25pm Updated: January 13 2017, 12.15pm Stephen Fry said he hopes to visit Dundee this year as he praised university academics for helping transform lives in Scotland and across the world. The writer and broad…

Vitamin D shown not to lower blood pressure in older adults with high blood pressure

  • Published: 12/08/2013
  • Press clipping: Research

Treatment with Vitamin D does not help reduce high blood pressure in older people, a new study from the University of Dundee has shown. Researchers in the School of Medicine examined the effects of Vitamin D supplements provided to patients aged 70 and over who had isolated systolic hypertension - the most common type of high blood pressure among older people. Previo…

Visitors to the Botanic Gardens can also now enjoy a science lesson, thanks to a new genetics garden.

  • Published: 29/10/2013
  • Press clipping: Other

Article and photo in The Courier

Viewpoint: A Macroscopic Tractor Beam with Acoustic Waves

  • Published: 30/04/2014
  • Press clipping: Research

Among the many examples of how science fiction and fantasy have inspired real science, an interesting one is the “tractor beam,” first conceived by the chemical engineer and writer Edward E. Smith in the 1930s in his novel Spacehounds of IPC. Smith’s hypothetical device was a beam capable of pulling any macroscopic object from a distance. In the case of a light beam,…

UUJ thank Professor

  • Published: 01/09/2014
  • Press clipping: Other

RTPI Northern Ireland PlaNIt

Utilización de floúr y decir adiós a los azúcares es el camino contra las caries (Using Fluoride and saying goodbye to sugar to protect against cavities)

  • Published: 09/04/2014
  • Press clipping: Other

La odontopediatra y especialista en Cariologia del Reino Unido, doctora Nicola Innes, fue invitada por la Facultad de Odontologia de la Ufro para dictar dos conferencias. (The pediatric dentist and specialist in the UK, Dr Nicola Innes, was invited by the Faculty of Dentistry of UFRO to deliver two lectures.)

Uptake of Smoking During Transition to Adulthood

  • Published: 21/04/2008
  • Press clipping: Research

Resaearch to explore the reasons why young people start smoking

Unnecessary ward moves - bad for patients, bad for healthcare systems

  • Published: 29/07/2013
  • Press clipping: Research

Unnecessary ward moves are becoming increasingly common and have adverse consequences both for patients and for hospitals, according to researchers from the University of Dundee. Professor Marion McMurdo and Dr Miles Witham have drawn attention to the practice of 'boarding' patients - moving individuals from their own base specialty ward to other wards to accommodate…

University of Dundee researcher awarded £1.9M to combat Parkinson's disease

  • Published: 16/07/2013
  • Press clipping: Research

A scientist at the Medical Research Council Protein Phosphorylation and Ubiquitylation Unit (MRC-PPU) at the University of Dundee has been awarded almost £1.9M from the Wellcome Trust to investigate the causes of Parkinson's disease. Dr Miratul Muqit has been awarded a Wellcome Trust Senior Research Fellowship in Clinical Science to undertake research over the next 5…