What are Public Order and Breach of the Peace Offences in Scotland?
In Scotland, public order offences include both common law crimes like breach of the peace and statutory crimes such as threatening or abusive behaviour and harassment, which are often handled by our criminal defence solicitors. While many persons are prosecuted with public order offences in Scotland each year, the Crown often find it difficult to establish these crimes. The police frequently charge a person with a public order infraction when they are dissatisfied with a specific conduct but are unsure whether it constitutes a crime. As a result, several offences of this sort are brought before Scottish courts every year and challenged at trial. There is a large corpus of case law on public order violations that must be reviewed in the context of specific accused conduct. We have made legal comments in several situations of this sort, arguing that the behaviour complained of does not meet the legal standards for the offence charged under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010. As a consequence, we were successful in obtaining several acquittals.
If you have been charged with a public order offence and believe that your actions were justified or were not serious enough to constitute a crime, please call our offices, and we will gladly assist you. If you need legal assistance, our experienced criminal defence lawyers can help you prepare for and conduct your trial.
What can you expect in a Breach of the Peace case?
Breach of the peace matters are typically tried in the Justice of the Peace Court, while more serious cases may be prosecuted in the Sheriff Court. The procurator fiscal will decide which court each matter will be heard in.
Most breach of the peace accusations in Scotland hinge on whether or not the claimed disorderly conduct is severe enough to provoke fear or alarm.
Those prosecuted or suspected of violating the peace must demonstrate that their actions were reasonable given the circumstances, something our team has successfully argued in several complicated instances over the years. Whether you believe the occurrence was severe enough to constitute a violation or not, you need experienced legal advice.
Legal Aid For Public Order and Breach of the Peace Offences
When interrogated at a police station, you are automatically offered legal help. You may be eligible for legal aid for court appearances and trials, depending on the offence. If you have any concerns regarding your case or how to qualify for legal assistance, please contact us right away. Hire the top breach of the peace solicitors from a reputable criminal law firm to represent you in the high court for your case involving hate crime and public order.
