Where worlds collide: The English criminal law and religious belief

Abstract

This thesis considers the interaction of law and religion in the English criminal law. The English criminal law is not well suited to dealing with the special circumstances of the religious defendant. In particular, there is evidence that the criminal law does
not consistently meet the core standards of certainty in the law, due respect for religious belief, and non-discrimination. Whether the religious interest is raised explicitly, as in the offence of blasphemy, or subsumed within broader principles, as
in the doctrines of mistake, there are substantial flaws in the criminal law. These are flaws that can be addressed by a more explicit and principled consideration of the religious interest in the criminal law.