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Breach of the Peace Lawyers
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Breach of the Peace - Criminal Defence Solicitors Glasgow

Breach of the peace is a very common charge. 

The acts which amount to a breach of the peace are very wide in scope but almost always involve a level of public disorder. If you have been charged with a breach of the peace, contact us today.

Breach of the Peace
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Breach of the Peace Legal Advice

When a breach of the peace occurs, the police have the authority to intervene and take appropriate action, which may include making an arrest. 

The exact definition and interpretation of breach of the peace can vary, but generally, the key factor is that there is a likelihood that the conduct will (or would) instil a state of ‘fear and alarm’ in a member of the public.

The seriousness of the offence can range from minor disturbances to more severe incidents that pose a significant risk to public safety. In Scotland, breach of the peace is taken seriously, and individuals found guilty can face penalties such as fines or imprisonment.

Breach of the Peace


Criminal Defence FAQs

If you are arrested or detained for a crime in Scotland, the police must inform you of your rights, such as the right to legal representation. You will be taken to a police station, where you may be detained for up to 12 hours without charge. After this time, you must either be charged or released, or the period extended. If charged, you may be held in custody for up to 24 hours before being brought before a court. The court will then decide whether to grant bail or remand you in custody until your trial.

Yes, in Scotland, being released on an undertaking is similar to being released on bail. Undertakings can be issued to individuals who have been arrested or charged, specifying a date and time to appear in court. A bail undertaking typically involves being charged with a crime and then released with a promise to attend a hearing. Both bail and undertakings come with certain conditions that must be met, such as attending all court dates and not committing any further offences. However, breaching bail or undertaking conditions can lead to prosecution and a prison sentence of up to twelve months.

Yes, if you are in police custody in Scotland, you have the right to free legal advice from a solicitor. This advice is available over the phone or at the police station. You should be informed about this right before being questioned, and the police must wait for the solicitor to arrive before questioning begins. However, if you do not want a solicitor present during questioning, you can waive this right, although it is not recommended. If you are under 18 or a vulnerable adult, you must have a solicitor present during questioning.

If your case goes to court, the Procurator Fiscal will decide which court it will be heard in. The court will review the evidence and then make a decision based on the facts of the case and the relevant law. If you are found guilty, you may face penalties such as fines, community service, or imprisonment. If you are found not guilty, you will be acquitted of the charges, and your case will be closed. It is important to seek legal advice and representation if you are facing criminal charges in Scotland.