Breach of the peace is a relatively low-level public order offence in Scotland. The acts which merit a charge of breach of the peace are wide in scope – from the relatively minor, such as swearing, shouting and conducting yourself in a disorderly fashion, through to more serious acts like making threats and brandishing weapons.
Breach of the Peace Legal Advice
The key factor in Breach of the Peace is that it is conduct which is likely to cause alarm and disturbance to the public at large, and to which there is some 'public element'. What is not necessary, however, is evidence of 'actual' alarm or disturbance having been caused. The Court will convict where it is satisfied that the ordinary person witnessing the act would be placed in a state of fear or alarm.
Charged with Breach of the Peace? What next?
As you can see, the threshold for a conviction for breach of the peace can be very low, which is why it is important to take expert legal advice at the earliest possible time. Breach of the peace is a very common charge as it is a useful tool in maintaining public order.
If you are charged with breach of the peace, we can help. It is a very common charge and we have extensive experience of defending our clients in Breach of the Peace cases.
Some Breach of the Peace charges are now dealt with as 'Disorderly Conduct' under Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. Again, we have extensive experience of defending clients who have been charged with 'Disorderly Conduct'.
Breach of the Peace Defence Lawyers Alloa, Fife, Stirling, Edinburgh & Dundee
We offer a free initial consultation to discuss your case. Our legal firm is widely recognised as one of Scotland's leading criminal defence teams and will work hard to ensure you have the best possible outcome. We defend our clients in Alloa, Dunfermline, Falkirk, Edinburgh, Glenrothes, Kirkcaldy, Methil, Perth, Stirling, Dundee and throughout Scotland.
Contact our Breach of the Peace Defence Lawyers now
Our criminal solicitors can assist by discussing your options with you confidentially, and are ready to fight your corner. We provide a fully comprehensive legal service from liaising with the police through to representing you in court. Call our criminal defence lawyers for a free, initial consultation in Dunfermline on 01383 730 466, in Kirkcaldy on 01592 640 680, in Alloa on 01259 725 922 or make an online enquiry.