§ Lord Palmerasked Her Majesty's Government:
Whether the common law offence of blasphemy still exists in Scots law.
§ Lord Fraser of CarmyllieThe position is open to doubt. Blasphemy was certainly an offence under Scots common law in the early nineteenth century, but the last reported prosecution at common law was in 1843. Accordingly, some modern authorities are of the view that the crime can no longer be said to exist. Should such a prosecution be brought, the question would be one for the courts.