A guide to Breach of the Peace LawA guide to Breach of the Peace Law
Breach of the peace is a term that many people have heard, but very few actually understand.
It is used to describe all sorts of behaviour that range from shouting in public to threatening behaviour and even following someone down the street.
Breach of the peace is often used as a throwaway term about those arguing or being loud in public and many believe that it is a relatively minor offence that rarely gets applied. The truth, however, is that in Scotland, the only area of the UK where breach of the peace is a criminal offence, the outcome of being found guilty of these charges can be incredibly serious.
In fact, the maximum penalty for a conviction is a hefty fine and a 12-month long prison sentence. As a result of this, if you have been accused or charged with breaching the peace, it is essential that you find yourself a good breach of the peace lawyer as soon as possible.
As a leading breach of the peace lawyer, we most frequently take on cases where protesters or demonstrators have been accused of breaching the peace whilst campaigning for critical causes that are of the upmost importance to our clients and to society as a whole.
What legislation covers breach of the peace?
Prior to 2010, breach of the peace was a common law offence only, but this all changed with the introduction of the Criminal Justice and Licensing (Scotland) Act 2010.
Section 38 of this legislation made behaviour that may cause fear or distress to a reasonable person a criminal offence, with cases usually being heard at the Justic of the Peace Court, or the Sheriff Court in very serious cases.
Whilst there are many different actions that could be considered as a breach of the peace, the ones that we deal with most frequently involve campaigners who have been arrested for expressing their political beliefs in a strong manner.
After all, the police have been known to use breach of the peace as a tool to prevent demonstrators from expressing their freedom of speech and expression.
We regularly represent those who are involved in marches and political demonstrations, protecting their fundamental human rights and ensuring they have all the advice and representation they require should a case reach the courts.
What to do if you are charged with breach of the peace
If you have been charged with a breach of the peace offence, or believe that your right to protest has been restricted it is vital that you get in touch with an experienced law firm as soon as possible.
As mentioned above, the potential punishments for a breach of the peace conviction are severe and do not assume just because you were campaigning for a good cause that the court will find in your favour without the correct legal representation.
We will work hard from the very start of your case to the very end to ensure that justice is served and the best possible outcome is achieved.