Understanding Breach Of The Peace: Our Quick Guide

Breaching the peace is a broad category of offence that covers disruptive and threatening behaviour. Though this is typically considered to be a minor offence, you may still be taken to court and prosecuted, which can have a detrimental impact on your reputation.

Specifically, breach of the peace is categorised as an anti-social offence in Scottish law, and is defined as:

one or more persons conducting himself or themselves in a riotous or disorderly manner, where such conduct is severe enough to cause significant alarm to ordinary people and threaten serious disturbance to the community.

As such, all kinds of situations can fall under this broad definition. Read on to find out more about what behaviours may be categorised as breaches of the peace.

Aggressive Language

At the more minor end of the spectrum, excessive shouting and swearing could be considered a breach of the peace. This may be aimed at a group or an individual, where the situation is considered unlawful if the aggressive behaviour is causing particular fear or alarm. Naturally, this can be an ambiguous situation that depends heavily on eyewitness accounts.

Weapons

A more serious breach of the peace charge would involve the brandishing of weapons. Even if these weapons aren’t used, police can intervene to prevent threatening behaviour or indications that a violent act may be committed. If people in the area are significantly disturbed by the person in question, then action will be taken by the authorities.

Fighting

Any kind of sustained violent behaviour could also be considered a breach of the peace, leading to an arrest. In particular, fighting in public can be very disruptive, especially if passers by feel threatened. A police officer may intervene to break up this kind of disturbance, detaining those deemed responsible.

Threats



In addition to outright violence and the brandishing of weapons, a breach of the peace could also refer to sustained threats. This may coincide with incidents of shouting and swearing, or it could be a more subtle offence. For instance, a victim might report that they have received threatening messages, or that they have been followed on multiple occasions.

Lefevre Litigation: Expert Defence Lawyers You Can Trust

At Lefevre Litigation, we’re fully equipped to handle breach of the peace charges, helping you to put together a solid case. Whether you’ve been accused of fighting in public or threatening someone more directly, our criminal defence solicitors will support you every step of the way.

If you’re facing a charge, then we recommend that you get in touch as soon as possible to ensure that you’re getting the best possible legal advice.