Breach of the Peace & Bail Conditions
Specialist defence for public order and bail-related offences across Scotland.
Threatening Behaviour
Hate Crime Aggravations
Breach of the peace is one of the most commonly charged offences in Scotland, covering a wide range of conduct from disorderly behaviour in public to domestic incidents. Despite appearing minor, a conviction can have serious consequences including a criminal record, fines, or even custody. Charles Ferguson Solicitors provides robust, experienced defence for clients facing these charges throughout Scotland.
What Constitutes Breach of the Peace?
In Scots law, breach of the peace involves conduct severe enough to cause alarm to ordinary people and threaten public order. This can include shouting and swearing in public, aggressive or threatening behaviour, fighting, or conduct likely to provoke disorder. The offence is broad and prosecutors have significant discretion in charging it.
Bail Condition Breaches
If you are on bail, you are bound by conditions set by the court — such as not contacting certain individuals, remaining within Scotland, or adhering to a curfew. Breaching these conditions is a separate criminal offence that can result in immediate arrest, remand in custody, and additional charges. We act quickly to secure bail reviews and challenge alleged breaches where the evidence is disputed.
Our Defence Strategy
Our approach to breach of the peace cases involves a thorough review of the Crown evidence, witness statements, and any CCTV footage. We examine whether the conduct truly met the legal threshold for the offence and whether your behaviour was justified in the circumstances. Where appropriate, we negotiate for reduced charges or diversion from prosecution.
Why Choose Charles Ferguson Solicitors?
With years of experience in Scottish criminal courts — including the Sheriff Court and Justice of the Peace Court — we understand how prosecutors and sheriffs approach these cases. We provide clear, practical advice from the moment of charge through to trial if necessary, ensuring your rights are protected at every stage.
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