Breach of the Peace (s. 38)
In Scottish law (that all who live in Glasgow have to abide by), you can be charged with breaching the peace if you engage in any kind of disorderly behaviour which would have a negative effect on other people who bore witness to it. You could get into trouble for things such as swearing or shouting, and the law extends to things like using or threatening with weapons, or sending messages which could be interpreted as being abusive.
It is important to have a good lawyer to help you deal with these cases, as you will need to be able to convince a Justice of the Peace that the behaviour of the accused would have caused alarm to anyone who happened to witness it.
If you have been accused of breaching the peace, it is up to you to be able to prove that any behaviour that you engaged in could have been seen as being reasonable. It isn’t always easy to prove this kind of thing, but our team have a lot of experience of doing exactly this, and are the ideal people to have on your side.
The usual prosecution for this kind of offence is a fine, although there are some cases where a custodial sentence may be decided upon. If you are concerned, whether you have been accused or charged yourself, or whether you are pressing charges, our team can help you with everything involved in the process.