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 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 abuse 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 the 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 been serving the local community for over 30 years as one of Ayrshire’s most respected law firms, with clients based across the county, in Skelmorlie and Stewarton, Largs and Fairlie, to Troon and West Kilbride, Ayr and Prestwick.