Breach of the Peace Scotland

Campaigners are moved to take action to express their political beliefs and demonstrate the strength of their feelings and sometimes this concludes in prosecution. Often charges and harassment by the police is to prevent demonstrators exercising their right of free speech.

Breach of the peace Scotland – Facing Charges?

Some of our lawyers have been personally involved in such political action and we understand just how important matters of conscience are to our clients.

These cases are not just a matter of defending a person accused of an offence. Often there are deeply held beliefs which influence the course the defence must take.

We have defended clients against charges of Breach of the Peace as well as the Public Order Act arising from protests against the war in Iraq, Fascism, globalisation and the response to the G8.

We are usually the first firm campaigners will turn to when they protest. The protection of freedoms of expression and assembly are at the heart of our firm’s ethos. We have a wealth of experience in representing campaigners on issues as diverse as racial equality, animal rights, nuclear weapons, Palestine, peace, the environment, anti-austerity and social justice.

We represent those involved in marches and assemblies (trade union and anti-war marches), direct action, personal expression. We represent clients at all levels of the criminal justice system – from the police station, Sheriff Court to the Supreme Court, and to the European Court of Human Rights.

We have represented many people arrested for serious public order offences during civil disorder – such as the Govanhill riots in 2001, or G8 demonstrations at Gleneagles in 2005, as well a recent student occupations, anti-cuts, anti-Nazi, anti-war protests.

We work closely with those involved in these campaigns, protests, human rights organisations and those providing legal, practical and political support as well as other lawyers and politicians.

Breach of Peace Advice

We are able to assist on issues linked to protest and will provide advice in advance on the risks of committing criminal offences, arrests and prosecution. We also regularly brief activists on conduct matters and will liaise with the police on their behalf and negotiate with the police for the right of campaigners to march.

We believe that politics and the law are intertwined and that campaigning organisations need legal advice from a politically literate source.

What is Breach of the Peace?

Any form of behaviour deemed to be disorderly and have a negative impact on witnesses may be considered as a breach of the peace.

Breach of the Peace is a common law offence in Scotland where one or more persons conducts themselves in a riotous or disorderly manner, where such conduct is severe enough to be likely to cause significant alarm to ordinary people and threaten serious disturbance to the community.

Whilst breach of the peace was initially a common law offence, Section 38 of the Criminal Justice and Licencing (Scotland) Act 2010 provides a statutory criminal law offence of threatening or abusive behaviour and is often referred to as a statutory breach of the peace.

Section 38 states that anyone who has taken actions which cause fear or alarm, or were intended to cause fear or alarm, an offence may have been committed.

The big difference between this and the original common law offence is that there is no requirement to prove ‘public disturbance’, meaning unseen behaviours such as text messages or private confrontations may be considered as breach of the peace offences and no public element is required.

According to the Scottish Crime Reporting Board (SCRB)

“To justify recording Breach of the Peace, the behaviour must threaten serious disturbance to the community and not just threaten irritation or minor alarm.

This means that there is a ‘public element’ to be satisfied. Evidence of actual alarm or that the conduct would be alarming to reasonable person confronted with it is required. This can extend to conduct in private if there is a reasonable likelihood of it being discovered.”

What is the maximum penalty for breach of the peace?

The maximum penalty for a single breach of the peace offence in Scotland following a contravention of section 38 is a fine of up to £2,500 or a custodial sentence of up to 12 months.

However, sentences can be more severe if there are other charges involved or a domestic abuse element to the charge. Should the prosecutor attempt to prosecute on indictment, the potential penalties rise significantly to a fine of up to £5,000 and a custodial sentence of up to 5 years.

Given the severity of the potential penalties facing those charged with a breach of the peace offence, it is vital you contact expert criminal lawyers Glasgow if you have been charged, or believe you may be charged with a crime of breach the peace.

What happens during a breach of the peace case?

Breach of the peace cases are usually heard in the Justice of the Peace court, although prosecutions can take place in the Sheriff Court in more serious instances. The procurator fiscal will determine which court each case will be held in.

Whether or not the disorderly conduct being alleged is severe enough to cause fear or alarm is the crux of most breach of the peace charges in Scotland.

Those who have been charged or accused of breaching the peace must prove that their behaviour was reasonable given the circumstance, something our team have successfully argued in a large number of complex cases over the years. No matter if you think the incident was severe enough to constitute a breach or otherwise, you need

Breach of the Peace Lawyer in Glasgow

Aamer Anwar & Co. are the leading Breach of the Peace Scotland law firm providing representation and support to those facing charges and defending their right to protest at all times.

From minor allegations of shouting and swearing to more serious breaches of the peace charges, having Scotland’s number one law firm in your corner at all times will help ensure that justice is served and give you the best possible chance of a positive outcome.

Our Glasgow criminal defence solicitors have successfully defended against numerous breach of the peace changes over the years and have an in-depth knowledge of potential breach of the peace defences and when they can be applied. If you have been charged with breach of the peace, don’t hesitate to contact us.

Breach of the Peace was written into law in Scotland to prevent behaviour that causes the Scottish public fear and alarm but has been used as a tool for preventing unwanted protesting at times. Whatever your circumstances may be, we will defend your right to protest for the most important causes at all times.

Get in Touch

For more information on breach of peace charges or to arrange a free legal consultation, fill out the form below or give the leading criminal defence solicitors Glasgow a call today on 0141 429 7090.