Modernising Various Crimes against the State

Graham McBain


Today, most reasonable people - including lawyers and judges - would accept that English law should be intelligible, accessible and relevant to the society in which we presently live and not that of ages past. Further, most reasonable people would (probably) also accept that the power of the State in modern times is great. Among other things, it controls the armed forces, the police, the secret services and methods of surveillance. Thus, the State is perfectly capable of protecting itself in most instances, itself being the bureaucratic apparatus of government, the Crown, Parliament, the Cabinet etc. All the more reason then, that any criminal legislation whose purpose is to protect the State should be up-to date and intelligible. Also, limited in scope. That is, no more than is necessary in order not to infringe on individual freedoms and liberties.

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