If you or a loved one have been charged with breach of the peace, please contact us as soon as possible. The earlier we’re involved in the case, the better we’ll be able to protect the accused’s rights and provide an effective defence that secures the best possible outcome.
Defence against breach of the peace allegation
As it covers any form of disorderly conduct severe enough to cause alarm or fear, breach of the peace can cover a wide range of behaviour, from swearing to physical violence. This is a major reason why it’s one of Scotland’s most frequently charged offences.
The offence of breach of the peace is covered by both the common law and section 38(1) of the Criminal Justice Licensing (Scotland) Act 2010, but most commonly a charge is brought under the latter. Under this section, a person commits an offence if they behave in a threatening or abusive manner, which is likely to cause a reasonable person to suffer fear or alarm, and they either intend to cause fear or alarm or are reckless as to whether their conduct would cause fear or alarm.
Crucially, the prosecution must prove that the accused’s conduct was threatening or abusive and that a reasonable person would likely suffer fear or alarm. Further, it’s a defence to show that the behaviour was reasonable in particular circumstances. We always carefully scrutinise all these elements and test the prosecution’s case in the strongest possible terms. Our primary aim is always to get the best possible result for our clients.
Contact our Criminal Defence Solicitors in Ayrshire
Contact us early for help and advice. From initial police interview through to court appearance, you can be absolutely sure you are in safe hands. We are approved by the Scottish Legal Aid Board and have been serving the local community for over 30 years as one of Ayrshire’s most respected law firms.
From our offices in North Ayrshire, we serve clients all across Scotland, including Saltcoats and Ardrossan, Skelmorlie and Stewarton, Ayr and Irvine, Kilwinning and West Kilbride, Troon and Prestwick, Largs and Fairlie, Kilmarnock and Kilmaurs.