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Criminal Law 2 Coursework Assessment 1. Current Scots Law on Defence of Necessity In very general terms, the defence of necessity operates where a person intentionally commits an offence because there is no legal alternative he could take to avoid death or serious injury. A straightforward example offered by the Stair Memorial Encyclopedia is where a lost hill walker breaks into a bothy he happens upon for shelter and uses the owner's fuel1. Prior to the appeal court's decision in the case of Moss v. Howdle2 in 1997 the modern day position relating to a defence of necessity was unclear. The appeal court chose to explore necessity in full and address the question of whether it was a defence available at all in Scots law, as it had not authoritatively been upheld in Scotland, the only modern case had been Tudhope v. Grubb3 in 1983, which was a Sheriff Court decision and therefore...

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