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Breach of the peace is a common law offence in Scotland.
This means that there is no single offence which constitutes a breach of the peace, but rather that a variety of different circumstances can lead to a prosecution, usually involving disorderly conduct liable to cause fear, alarm, or disturbance to others.
Breach of the Peace Defence Lawyers Wishaw, Hamilton, Lanark and Motherwell
Breach of the peace charges vary from allegations of swearing and shouting to more serious allegations such as abusive telephone communications, allegations of violent behaviour, or brandishing weapons.
Whilst it is still competent for you to be charged with a breach of the peace, it is now more common for breach of the peace offences to be prosecuted using s38(1) of the Criminal Procedure and Licencing (Scotland) Act 2010, sometimes known as a statutory breach of the peace. Section 38(1) introduced an objective test which means that if your conduct was likely to cause a “reasonable person” fear or alarm, then you could be found guilty irrespective of whether or not any of the witnesses were in a state of fear or alarm. If you have been charged with a s38(1) offence, then you should contact McGovern Reid Court Lawyers immediately to get the best possible advice.
Some breach of the peace or Section 38(1) offences are considered by the courts to be more serious than others and if you have been arrested for or charged with either a breach of the peace or a Section 38(1) offence, it is essential to seek expert legal advice as soon as possible.
When you instruct us, we will take a very close look at all of the evidence against you including witness statements and any CCTV footage. This will enable us to establish the strength of the Crown’s case against you and advise you about the potential outcomes.
McGovern Reid Breach of the Peace Lawyers
You should contact McGovern Reid as soon as possible if you find yourself accused of a breach of the peace offence. We will always fight your corner and we have unrivalled experience in defending these sorts of offences.
We represent clients from Airdrie, Bellshill, Coatbridge, East Kilbride, Edinburgh, Glasgow, Hamilton, Lanark, Motherwell, Wishaw, and throughout Lanarkshire and across Scotland.
Call us today - 01698 359 550