Stouthrief (alternatively stouthreif) is the Scottish criminal offence of use or threat of violence against a householder who defends themselves during a housebreaking; it is additional to any associated robbery offence.
It is to be distinguished from the offence of Hamesucken which is breaking into the home of an individual and assaulting him where that is the initial purpose. Both are offences in Common Law, typically to be found in the description of the offences libelled in court relative to a single incident rather than in the usually less-detailed newspaper reports of such a trial.
Section 285 ("Certain crimes not to be tried in inferior courts") of the Criminal Procedure (Scotland) Act 1975 prevented prosecution for stouthrief in a court of summary jurisdiction other than a Sheriff Court.
- According to William Roughead - "Trial of Dr. Pritchard - Notable Scottish Trials" the spelling should be STOUTHREIF. See p.343, reference to the execution in front of New Prison of Dd.Little on 27th. January 1831 for stouthreif.
- A practical treatise on the criminal law of Scotland - John H A MacDONALD 1867
- Sloan (2011-08-25). "Hamesucken is alive and well in Scots Law". Prout de Jure. Retrieved 2015-07-08.
- Criminal Procedure (Scotland) Act 1975.
- Bynorth, John (2015-07-08). "Man in court accused under ancient law". The Herald (Glasgow). Retrieved 2015-07-08.
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