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1.4.1 Functions of the criminal law

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The functions (or ‘purposes’) of the criminal law are many and varied. Some commentators rank certain functions above others, whilst other commentators argue that the functions act in conjunction to provide for a consistent and clear approach. Understanding these functions is often helpful when critically analysing the state of the criminal law and observing whether the substantive law achieves, or fails to achieve, one of its functions. Some of the main functions of the law can be listed as follows:

•protection of individual rights and liberties;

•maintenance of public order;

•enforcement of legal rules and orders;

•the conferral of obligations;

•the regulation of human behaviour and relationships; and

•punishment of behaviour contrary to legal rules and orders.

Criminal Law

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