Have you found yourself in a spot of bother unexpectedly? Being charged with a breach of the peace may seem daunting, career-threatening even, but with the right assistance and insight, you’re well-placed to tackle anything that may come your way. Within this detailed article, we’ll take you through everything from the very basics of offences and the potential consequences, to legal intricacies specific to Scotland. Lefevre Litigation are the legal minds to trust in Aberdeen, so take some notes, read on carefully, and don’t hesitate to contact us directly should you require our expertise and industry knowhow.
What Is A Breach Of Peace?
Though It is somewhat tricky to define what constitutes a breach of the peace (there has been considerable debate and disagreement regarding the specifics), it is generally understood that these offences can be categorised. Generally speaking, actions that cause harm to another person or their property while they are present, as well as actions that are likely to cause such harm, are
considered to be breaches of the peace. Though a breach of the peace offence may be addressed by the police using a range of methods, authorities typically have three options for handling such cases:
● Arresting the offender
● Using power of entry
● Attempting to diffuse the situation and end the incident without further action
A disturbance can take place on either private or public property, and though legal repercussions aren’t easy to navigate through, charges can be successfully defended if a person’s behaviour was reasonably taking into account other circumstances. Still not too sure? Let’s delve into some examples.
Example Incidents
Being charged with breach of peace or disorderly conduct can be frustrating, but it’s more frustrating if you’re not sure what you did wrong. There are several reasons you can be arrested in the aftermath, including:
Participating in a Riot
On the more serious end of the spectrum, anyone who has been a part of an organised riot can end up with up to 10 years in prison and any level of fine. A riot is legally defined as a group of 12 or more people using violence or threats to achieve a common purpose, in a way that may cause others to feel threatened. If this goes beyond just making someone feel their life is at risk, you could end up in even more trouble. It’s essential that you seek legal advice if you are facing such charges.
Threatening Someone
Referred to in some cases as ‘Affray’, you can be charged if you threaten someone or use unlawful violence against them in a way that makes them fear for their safety. This is usually the case when two people have a dispute, and one or both threaten to take violent measures against the other. This can result in 3 years of imprisonment and an unlimited fine, while individuals may also be charged with threatening behaviour, which can result in 6 months in prison, plus a fine.
Drunk and Disorderly Behaviour Or Harassment
If you’ve gotten drunk and argued with someone, or threatened them with words and behaviour in a public space, this could be a charge brought against you in itself. It may be minor, but you can be charged a hefty fine, not to mention the embarrassment of such an incident. Likewise, if you use words, behaviour, or writing to make someone feel you are being insulting and threatening, you can be charged with this - or even sent to jail for 6 months.
Being Violent in a Group
Often also called ‘Violent Disorder’, this is comparable to a riot offence, but refers to 3 or more people who have used or threatened to use unlawful violence in a manner that makes people feel unsafe, rather than the organised and often larger-scale nature of a riot. This can lead to 5 years in prison, and there is no limit on the fine. Again, you’ll want to seek legal counsel rapidly if you’re charged with this serious offence.
Assessing The Severity
If you are accused of a breach of peace, the severity of your punishment will depend on how serious the crime was. If a person was seriously assaulted or harmed as a result of a breach of peace, such as a physical fight or dangerous riot, an arrest and sentencing could realistically take place. Many allegations of breach of peace will result in a fine as punishment rather than a conviction or sentence, though this financial repercussion can still prove damaging. Allow
our team to assess the circumstances, and look over your options.
Usually, a breach of the peace will not result in a conviction, so it usually will not appear on a criminal record. Individuals may be detained, after a drunken altercation for example, but they will rarely be charged unless something serious happened. If you are charged, the charge will appear on your criminal record, and if you need a DBS check done for a job that requires you to work with children, it's possible that it won't be approved if you have a criminal record. This is potentially damaging in many lines of work, so remain aware of the severity.
Potential Consequences
Regarding how a breach of the peace is handled, there are significant differences between English law and Scottish law. In Scotland, a breach of the peace is a specific criminal offence that is tried daily in sheriff courts and is applicable in a variety of situations because of its common law definition, unlike England and Wales where criminal penalties apply to behaviour that causes or is likely to cause one. Although life imprisonment is still the maximum penalty in cases referred to the High Court, such a harsh penalty is now rarely used and is typically connected to violations of a licence while serving a life sentence. Keep this in mind when assessing your circumstances, and whether you could benefit from a consultation with Lefevre Litigation.
Fighting Your Case
Every year, courts all over the United Kingdom - including those in Aberdeen - hear a large number of cases involving breaches of the peace. Although the charges are typically minor, being accused of disorderly conduct could put you in a humiliating situation in both your personal and professional life, regardless of how unimportant they may seem or how many other people are dealing with comparable charges across the nation.
We advise you to schedule a consultation with us as soon as you can if you are charged with breach of the peace because a moment of insanity could have serious consequences if handled improperly. The threshold for a conviction for breach of the peace can be very low, which is why it is important to take expert legal advice at the earliest possible time. Breach of the peace is a very common charge as it is a useful tool in maintaining public order. We offer a detailed initial consultation to discuss your case.
Our Assorted Services
Whether you're facing a personal legal challenge or require professional advice for your business, we are here to guide you through the complexities of the legal landscape. Below are just a few of our additional legal services - reserved for those in and around Aberdeen requiring professional advice and assistance:
As well as speeding or drink driving offences, Lefevre Litigation are able to represent those making a car accident claim or those seeking whiplash compensation in Aberdeen. With more than two decades of experience in a wide range of road traffic law cases, Lefevre Litigation are traffic solicitors who are able to offer legal advice, support and representation to all.
We have successfully represented clients accused of both corporate and DWP fraud so whatever type of charges have been brought against you, our team has the expertise to help you put together an effective defence. Our knowledge of fraud law in Aberdeen and across the UK covers the Bribery Act 2010 and the many legal issues which may arise from it, making us the perfect legal team to help individuals and companies facing bribery and serious fraud charges.
If you find yourself accused of starting a fight or breaching the peace because of strong feelings about football, the truth of this old adage will quickly become apparent. Many people are passionate about football, but the law does not look kindly on disturbances caused by it. If you find that a moment’s passion has had unfortunate consequences, you need Lefevre Litigation.
Lefevre Litigation: Your Disorderly Conduct And Public Disorder Specialists
Found yourself Googling ‘defence attorney Aberdeen’ or ‘lawyers near me Aberdeen’? Lefevre Litigation are a firm with over 30 years of combined experience representing and advising an array of clients on the best course of situational action. We understand how frightening and stressful it can be when accused of a crime, which is why our team is here to offer you the best criminal law representation possible. Our Aberdeen-based legal team has years of experience under their belts, so you can be sure you're getting the best legal counsel available. We are the first and only firm you should call when you need to find a lawyer in the local area to handle a criminal case, so get help from one of our criminal law solicitors today by
dropping us an email or giving us a call.
