Breach of the Peace and section 38 charges cover a wide variety of activities from relatively minor shouting and swearing to conducting oneself in a disorderly fashion through to more serious allegations such as making threats.
An essential element of such charges is that there is conduct which is likely to cause alarm to the public and not necessarily that there was actual harm.
The courts will convict where it is satisfied that an ordinary person would have been placed in a state of fear or alarm.
Breach of the Peace legal Advice
Breach of the peace charges and charges under s38 of the Criminal Justice and Licensing Scotland Act are very common and we can assist with representation for all such charges. Call our specialist lawyers if you or someone close to you has been charged.