This is a common charge and can be prosecuted in any court with the penalties varying significantly from the Justice of the Peace Court to the Sheriff or High Court. It involves behaviour which may cause some kind of public disorder and would likely cause ‘fear and alarm’ in a member of the public. The behaviour is not specifically defined but often includes shouting, swearing and generally causing a disturbance.
A similar statutory charge, s38(1) of the Criminal Justice and Licensing Scotland Act 2010, covers conduct which is threatening or abusive and would likely cause a reasonable person to suffer fear or alarm but does not require an element of public disorder. You may have a defence if your conduct was considered reasonable.
Getting specialist legal advice as soon as possible following an incident will give you the best chance of a positive outcome. Our experienced Breach of the Peace lawyers are known for countless successes in defending our clients in such charges. Contact us 24 hours per day for free initial advice.
Contact our 24 Hours Breach of the Peace Lawyers in Paisley & Greenock
Our Breach of the Peace Lawyers in Paisley and Greenock have decades of experience in successfully defending our clients in these cases. We cover Glasgow, Greenock, Port Glasgow, Kilmacolm, Gourock, Inverclyde, Renfrewshire, Barrhead, Newton Mearns, East Renfrewshire & every police station and court in Scotland.
Contact us as soon as you have been involved in an incident or approached by the police for free, initial legal advice 24 hours per day. Call us in Paisley on 01418896458 or Greenock on 01475888286 or fill out our online form and we will call you back shortly.