Not so clear cut: the lawfulness of body modifications

Pegg, S. ORCID: 0000-0001-8887-6952, 2019. Not so clear cut: the lawfulness of body modifications. Criminal Law Review (7), pp. 579-598. ISSN 0011-135X

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This article discusses the decision of the Court of Appeal in R v BM in which the Court had been asked to address whether consent could provide a defence to extreme body modification procedures, including tongue splitting. It considers the reasoning advanced by the Court in rejecting consent as a defence and questions whether our continuing reliance on Brown and the category-based exceptions provides a satisfactory method of delineating which activities can be lawfully consented to. It suggests that the decision has done little to clarify the legal position of body modifications which result in less serious harm and concludes that this area of the law is still ripe for reform.

Item Type: Journal article
Publication Title: Criminal Law Review
Creators: Pegg, S.
Publisher: Sweet & Maxwell
Date: 30 June 2019
Number: 7
ISSN: 0011-135X
Divisions: Schools > School of Social Sciences
Depositing User: Jonathan Gallacher
Date Added: 01 Nov 2019 09:09
Last Modified: 01 Nov 2019 09:10

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