In Scottish law (that all who live in Inverness 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.
Blackwater Solicitors Glasgow will advise and defend you in cases of this type. As Inverness Solicitors, we come across offences of this kind all the time.
If you live in the Inverness area, you could be charged with breach of the peace if you are found to be engaging in any kind of behaviour that is threatening or worrying to other people. This could include verbal abuse or producing weapons, and the law also extends to the sending of messages containing abusive content. If charges are to be brought against the accused, it will need to be decided by a Justice of the Peace that there was intent to cause harm or intimidation by the actions that were taken.
There is no need for witnesses to provide evidence, so these kinds of cases can be dealt with a little differently to other cases that you may be more familiar with. If somebody has accused you of breaching the peace, you will need to convince the Justice of the Peace that your behaviour was not unreasonable, and that it was a reasonable way to react given your circumstances. No matter which side of the charges you are on, we will be able to help you and guide you through the full process. We understand that this can be stressful, and this is why we do everything that we can in order to put your mind at ease
These cases can be prosecuted in either the Sheriff Court if slightly more serious, or the Justice of the Peace court if less so.
Even if you agree that you are responsible for some of the conduct alleged, you may still have a defence that it was reasonable in the particular circumstances of your case.
Blackwater Solicitors Inverness can help. Call us today.
Breach of the Peace (s. 38)
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.
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Glasgow office: 0141 413 5800
Inverness Office: 01463 548 015
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