University of Glasgow

A critical analysis of the reactive defences of necessity and coercion in Scots law

Academic History:

2009 - 2013: LLB (Bachelor of Laws)

2016 - 2017: LLM by Research

2017 - 2020: Phd in Law

Supervisors:

Professor James Chalmers

Professor Fiona Leverick

Research Interests:

• Criminal law
• Justice and procedure
• Legal theory
• Legal history
• Legal philosophy

Previous Research Projects:

My LLM by research looked at the structure of assault in Scots law from both historical and comparative perspectives. In terms of legal history, there was very little outlining the development of assault from a crime of reputation, stemming from the Roman legal concept of iniuria, to ultimately being considered as a crime of violence as it is today. From a structural perspective, an historical emphasis on reputational harm influenced the culpability requirements; in Scots law an assault must be committed intentionally, whereas in many other legal systems reckless conduct may validly constitute assault.

Finally, my thesis analysed the various approaches to grading harm in assault and offences against the person structures in modern legal systems; assault in Scots law is a single offence, whereas in England a hierarchy of offences ranging from assault at common law to the causing of grievous bodily harm with intent makes up the law of offences against the person. In addition to these systems my thesis looked at the hybrid model to be found in the Model Penal Code, which allows the assault offence to be committed several ways. It is in this third model that the most promising basis for reform can be found.

Scholarships:

AHRC DTP (2017-)

Awards:

Forensic Essay Prize (Civil Law Ordinary) - University of Edinburgh - 2009

Clark Foundation for Legal Education (2016)

Contact Details:

Email: g.barclay.1@research.gla.ac.uk

First published: 25 September 2017