At Lefevre Litigation, our team of experienced criminal defence solicitors in Aberdeen is dedicated to providing comprehensive legal guidance on various offences under Scottish law, including breach of the peace.
Understanding the types of evidence that can be presented in such cases is crucial for mounting an effective defence - read on to find out more.
Defining Breach of the Peace in Scotland
In Scotland, breach of the peace is a common law offence characterised by conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community. This broad definition encompasses a variety of behaviours, from public disturbances to actions that may not be overtly noisy but still cause concern.
Types of Evidence in Breach of the Peace Cases
When defending against a breach of the peace charge, several types of evidence may be considered:
Eyewitness Testimonies
Statements from individuals who directly observed the alleged incident can significantly impact the case. These testimonies provide firsthand accounts of the behaviour in question, offering insights into the context and severity of the actions.
Video and Photographic Evidence
With the prevalence of smartphones and surveillance systems, visual recordings often play a pivotal role. Such evidence can corroborate or contradict witness statements, providing an objective perspective on the events.
Police Reports
Detailed accounts from responding officers, including observations and interactions at the scene, are critical. These reports often serve as foundational evidence in breach of the peace prosecutions.
Physical Evidence
Items related to the incident, such as objects used during the disturbance or materials distributed, can be presented to support the charges.
Digital Communications
In cases where the alleged breach involves online activity or coordinated efforts, digital communications like emails, social media posts, or messages may be scrutinised.
Role of Defence Lawyers in Challenging Evidence
As seasoned criminal defence solicitors, our role involves meticulously examining all evidence presented:
● Assessing Credibility: We evaluate the reliability of eyewitnesses, considering potential biases or inconsistencies in their accounts.
● Scrutinising Visual Evidence: Our team analyses video and photographic materials to ensure they accurately represent the events and have not been tampered with or misinterpreted.
● Reviewing Police Conduct: We examine police reports and actions to identify any procedural errors or violations of the accused's rights that could impact the case's outcome.
● Challenging Digital Evidence: In the realm of digital communications, we ensure that any evidence obtained complies with legal standards and accurately reflects the context.
Lefevre Litigation: Legal Representation You Can Trust
Navigating a
breach of the peace charge requires a comprehensive understanding of the evidence and the legal standards applied in Scottish courts. At Lefevre Litigation, our defence lawyers are committed to providing robust representation, ensuring that every piece of evidence is thoroughly examined to uphold our clients' rights.
If you or someone you know is facing a breach of the peace charge, it's imperative to seek expert legal advice promptly.
Contact Lefevre Litigation today to schedule a consultation with our experienced criminal defence solicitors. Let us provide the guidance and representation you need during this challenging time.
