Breach of the peace is a law that exists in Scotland to protect the public from behaviour that could be considered as severe enough to alarm others.
Sound pretty vague? That certainly has been a criticism of the law in the past and there has been evidence in the past of the police using Breach of the Peace as a reason to harass protesters during important demonstrations.
As one of the leading breach of the peace Scotland lawyers we are usually the very first people that any campaigners who have had issues with discrimination or police behaviour during a protest will turn to, and we have a fantastic record of representing our Breach of Peace clients in courts across the nation.
In this blog we will look at Breach of the Peace regulations in more detail, examining exactly what this law is, what it was designed for, and the ways in which it has been abused over the years.
Where did Breach of the Peace come from?
In 2001 Smith vs Donnelly, was an important case in the development of the common law of Breach of the Peace. This case provided the foundation for a definition of Breach of the Peace as any behaviour that was likely to cause fear to the general public or an individual.
In 2010, legislation was introduced in the form of the Criminal Justice and Licensing Act that made such behaviour a statutory offence in Scotland.
This new offence, known as ‘disorderly conduct’, considered as a form of statutory Breach of the Peace, is something that has posed even more issues than the common law, as there is no requirement under the ‘new’ legislation to prove that a disturbance was caused by the action, only that a person with ‘reasonable human tolerance’ would likely have felt threatened by the behaviour.
Where do issues arise?
There are many laws, both in Scotland and across the globe that are not black and white and where law enforcement must make a judgement call when detaining and charging perceived culprits.
Unfortunately, there has been instances where breach of the peace and Section 38 of the Criminal Justice and Licencing Act has been used to break up peaceful protests and demonstrations under the guise of protecting the public.
We have dealt with many of these cases and our success both in and out of the courtroom in proving that the actions of our clients were perfectly reasonable demonstrates the issues that exist with the laws application. If you believe you are in this situation please get in touch.
What is the Defence against Breach of the Peace?
It depends on the case but successful defences of Breach of the Peace involve demonstrating that the actions of the accused were reasonable in the situation.
We have many years of experience in doing just that, and are the go-to choice for anyone who needs a highly experienced lawyer to defend them against Breach of the peace charges.
Get in touch now to learn more.