Patterson and Paterson Defence Lawyers have been defending crimes of disorder within Inverness and throughout the Highlands and Islands for years. We have decades of combined experience in defending these cases.

Breach Of The Peace

Breach of the Peace is an offence at common law in Scotland. A prosecution for breach of the peace may be brought where someone is accused of disorderly conduct which is liable to cause fear, alarm or disturbance to others.

The scope of breach of the peace is wide, ranging from relatively minor allegations of shouting and swearing to sending abusive text messages and very serious allegations of sustained, violent behaviour and brandishing weapons.

Section 38 and Breach of the Peace

Although it remains competent for a prosecutor in Scotland to bring a charge of breach of the peace, crimes of disorderly conduct are now more commonly prosecuted under Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010.

In terms of Section 38(2) of the 2010 Act, it is a defence for a person charged with an offence of behaving in a threatening or abusive manner to show that the behaviour was, in the circumstances, reasonable. In all cases, however, it is for the prosecution to prove any charge beyond reasonable doubt.

In certain circumstances, self-defence can be advanced as a defence to a charge of breach of the peace, particularly where there is an allegation of fighting with another or others.

It is vitally important you instruct an experienced team of lawyers to begin preparing and defending your case. Patterson and Paterson Defence Lawyers have experience in dealing with all disorder offences. We can be contacted at any time for a free initial consultation