A breach of peace,
a seemingly formal phrase, could
actually be applied to many day to day legal situations. This is why it is so
ambiguous, and many people do not know if they are committing a breach of peace
or even a crime at all! A form of disorderly conduct and a misdemeanour
criminal offence, you may find yourself with a breach of peace charge if you
have been causing a drunken row or fight on a night out, or if you have been
playing loud music at night and disturbing your neighbours. In many of these
cases, you will receive warnings, but you could also receive jail time or a
community service sentence.
This blog
post will look at some of the different ways that a breach of peace could be
charged or applied , and who to contact if this is the case. If you find that
you have been wrongfully charged and you did not have a willful or malicious
intent when acting in this way, then you should contact your local criminal law
solicitor.
Fighting in a public place
We all have
misconstrued judgement from time to time, which is especially notable if we
have had a few drinks on the weekend, and it is not uncommon to get caught up
in the heat of the moment and say things we don’t mean. For many, this is not a
serious issue and can be resolved but if you become deliberately aggressive in
public, use offensive words to incite violence or hold a public unlawful
assembly (a riot), then this can all be constituted as a breach of the peace.
For
instance, if you have had a public argument with a friend or neighbour, and
aggressive or threatening language was used - then this could also constitute
as a breach of the peace. Therefore, if you find yourself in this situation,
then it’s important to do all you can and remove yourself from the situation
and act in an appropriate manner that is not deemed offensive.
Excessive dog barking in a residential area
Owning a dog
can be a rewarding, exciting and also equally stressful experience. With the
responsibility of walking and looking after them, you need to also make sure
that they do not act in an aggressive manner or excessively bark. This will
sound difficult, especially if your dog is a new rescue dog, or prone to being
anxious. If your dog barks excessively in a residential area and disturbs your
neighbours then you could end up being charged with a breach of peace. To avoid this, make sure to train and
discipline your pet, and also keep a good relationship with your neighbours.
Intentionally playing loud music at night after
a warning
This one is
for the students. We all want to have fun sometimes, especially on the weekend
or if it is our birthday, yet if you continue to play loud music at night,
disturbing your neighbours in the process, then you may receive a police
visit. To minimise the risk of this,
speak to your neighbours beforehand about any event that you have planned, and
limit excessive noise after 11pm - so turn down the music and prohibit your
guests from going outside.
If you find
yourself with a breach of peace allegation and you feel that it was wrongfully
charged, contact
Lefevre Litigations today,
a leading criminal law
solicitor firm in Aberdeen.
