Offences of Disorder
Public order offences in Scotland cover a wide range of behaviours, and the circumstances in which such matters can arise are virtually limitless. Common examples include breach of the peace, contraventions of Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010, vandalism, and certain offences under the Police and Fire Reform (Scotland) Act 2012.
The offences of breach of the peace and threatening or abusive behaviour under Section 38 of the 2010 Act are closely related, as both target conduct that could cause alarm to a reasonable person. These charges often involve aggressive behaviour, such as shouting or swearing, and generally reflect some form of disturbance. However, there are subtle differences in the legal tests applied to each offence, and experience shows that what is alleged to be criminal behaviour frequently does not meet the legal threshold for conviction. This makes expert legal representation essential to challenge the allegations effectively.
Section 38 of the 2010 Act provides a statutory defence to a charge of threatening or abusive behaviour. If it can be shown that the behaviour in question was reasonable in the circumstances, an acquittal must follow. Establishing this defence requires a thorough examination of the facts and the context that led to the allegedly criminal conduct. Engaging expert legal representation is crucial when pursuing such a defence, and Sloan & Co has a proven track record of successfully defending clients against these charges.
Vandalism or malicious mischief charges can range from minor incidents dealt with in the Justice of the Peace Court, to more serious, large-scale offences prosecuted at solemn level. Damage to both private and public property is taken seriously by the courts, often resulting in severe penalties upon conviction.
Offences of disorder, often in tandem with allegations of vandalism, are commonly libelled against activists or protesters engaged in demonstrations to raise awareness for a particular cause. Sloan & Co has extensive experience in defending principled activists who find themselves facing criminal charges arising from lawful protest or civil disobedience. If you are accused of any public order offence, whether in connection with activism or any other circumstances, do not hesitate to contact Sloan & Co for expert legal advice and representation.