Breach of peace is a legal term and an offence that occurs when a person engages in some form of unruly behaviour in either public or within a private property which disturbs others. The peace itself refers to an idyllic society as a whole, and when this is disturbed or threatened by a person or persons, this act is called a breach of peace.
If you have been charged with a breach of peace, whether you have been too rowdy after a few drinks with friends or you have played music loudly in your apartment and your neighbours have complained, it is likely that you will feel that this type of sentence is uncalled for. If this is the case, then you most likely will need to find a lawyer to testify your defense. A breach of peace is usually charged when the person’s conduct was willful and malicious. In many cases, a breach of peace is not charged because the person can prove that they merely annoyed or embarrassed the other person.
A breach of peace may be applied to a person after they have thrown multiple house parties and disturbed their neighbours, or for someone who has started a brawl in the middle of a street. However, there are some contested cases where people feel that breaches of peace have been wrongly applied or should be applied. For instance, in the case of social and political protests and also in the cases of racial, homophobic and sexual street harassment.The latter, although not illegal in the UK, it is illegal in France to perform sexual street harrassment where catcalling on streets and on public transport is subject to large fines. What’s more, as breach of peace is quite ambiguous, especially in America, there is a range of racially motivated charges of breaches of peace - further showing how being charged with a breach of peace is often unfair and the person who is charged may not be doing anything wrong at all. This evidently shows that breaches of peace are largely contested and will likely change in the future.
Here at Lefevre Litigation, we have dealt with a variety of different breach of peace cases, this is why we thought it best to collate a guide to how you could get charged with a breach of peace, what the punishment is, how you could testify your case, and also how it may further affect your life.
Different situations that legally disturb the peace
There a variety of actions a person can perform in order for them to disturb the peace. Below, we take a look at the most common.
Fighting someone in public
Though verbal altercations are always frowned upon, at times situations can get heated between people when having a discussion. However, when this transcends into a physical altercation - there are risks of someone getting hurt both physically and emotionally. Physical fights are often seen as breaking of the peace of not only the person’s involved but also the person’s witnessing the fight. Sometimes, both persons involved can be charged, but many contest this because the altercation was due to one of them intentionally starting a fight and therefore the other person was not at fault. It is also an offence to shout abusive words in a public place in order to incite violence.
Holding an unlawful public assembly
An unlawful public assembly is a legal term that is generally defined as a group of people who have mutual intent of deliberate disturbance to the peace. A term that is associated with this is a rout or riot. This type of offence dates back to the 19th century, and is often contested today whenever a political or social protest is performed as it can contradict the human right of freedom of speech.
Under the human rights act, everybody has the right to an expression, freedom of thought and assembly, and in terms of a peaceful protest this is perfectly legal to do so. Usually, offences will be carried out if the following occurs during a peaceful protest:
● Aggravated trespass - this is where the person’s trespasses on a person’s land and commits an unlawful activity or disrupts a lawful activity taking place.
● Wilfully obstructing the highway - This offence is where there is an obstruction of the highway meaning that vehicles slow down or stop. Yet, of course some protests do occur in busy streets and it seems that no action is taken, this is where permission has been granted due to limited space or when the obstruction is fleeting like a march.
● Trespassory assembly - this is when an organiser of an event has been given notice by the police to not organise the event, but proceed to organise it anyway. The notice beforehand is usually given if the senior police officer believes that serious public disorder would ensue and if serious damage will occur as a result.
● Abusive and causing harm - This is applicable to instances where certain protestors are being abusive and causing fear to others.
● Organise/ take part in demonstration - this is where the protest occurs in an area where they don’t have permission from the Commissioner of the Metropolitan Police.
Excessive dog barking in a residential area
Excessive dog barking is considered to be a statutory nuisance and has to be excessive if it continues for a long time, is unreasonable in circumstances and and significantly impairs how a person goes about and enjoys their home. For instance, this could be a situation where a dog barks early in the morning or at night continually keeping the neighbours awake.
However, this situation can be resolved through communication with the owner.
Playing loud music through the night
If you are intentionally playing loud music between the hours of 11pm and 7am, and as a consequence you are disturbing those around you then your neighbours have the right to call the police. However, ‘loud’ can often be ambiguous as some people are more sensitive than others.
Bullying a student on or near school grounds
Many children and young people are not aware that some forms of bullying are in actual fact illegal. Bullying and cyberbullying is defined as an online or in person harassment and behaviours including name calling, hitting or pushing the child, making threats to the child, purposefully excluding them, sending threatening messages through text or social media, creating fake accounts to embarrass a young person and encouraging people to self harm.
Many of these acts are considered offences in their own right and also breaches of peace. If in the cases of violence, assault, theft, repeated harassment like abusive phone calls, messages, emails and hate crimes - you should always report these to the police.
Schools must also follow an anti-discrimination law which means staff must act to prevent discrimination, harrassment and victimisation within the school.
There are many other offences that also count as a breach of peace including knocking on someone’s door or hotel door repeatedly to cause annoyance, and shouting profanities out of a car window repeatedly at someone.
Public of order offences and potential punishment
The severity of the punishment if you are charged with a breach of peace depends on how serious the crime is. For instance many breach of peace allegations will result in a fine as punishment rather than a conviction or sentence; however, if for instance a person was seriously assaulted or a person was killed as a result of a breach of peace like a physical fight then an arrest and sentencing to prison will occur.
How it can impact your life if charged
More often than not, a breach of peace will not go on a criminal record as in most cases it doesn’t amount to a conviction. Person’s can get arrested, like from a drunken brawl, but they won’t be charged unless a serious consequence has occurred. If in the case that you are charged, then this will go onto your criminal record. Many employers will ask for a copy of your criminal record which can be obtained from the police, and also if you need a DBS check done for a role that requires you to work with children then it may be if you have committed an offence this won’t be approved.
There is, however, the Rehabilitation of Offenders Act 1974 enables some criminal convictions to be ignored after a rehabilitation period. These often entail minor offences, however, many professions are exempt like teaching, becoming a doctor, an accountant, veterinary medicine, persons working under the Crown and more.
Lefevre Litigation: Legal Advice and Law Firm in Aberdeen
Whether you have been committed for public disorder and you want to clear your name, you are anxious about reporting a criminal offence - our non-judgemental and professional lawyers can help you with your case.
We pride ourselves on offering a flexible, personable and sensitive service to all who walk through our doors. We can help you with claims regarding road traffic offences, drug offences, assault, theft, sexual offences and breaches of peace. With appointments starting from as early as 7.30am, we can meet with you before your working day starts and offer a helping hand and advice to a range of complex situations.
To find out more about us, simply contact us today.
