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Scotland (Counties as in 1851-1901) => Scotland => Topic started by: scottishlad on Sunday 22 September 24 21:53 BST (UK)
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Was there anything specifically that would have been characterized as breach of the peace in Scotland in the 1860’s? Or was it just a general term used for any sort of disorderly conduct? Thanks!
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The short answer is "no". Breach of the peace in the 19th century was somewhat ill-defined in law. It was a catch-all term for a whole series of forms of behaviour that it was felt should be criminal, but fell below the solemn offence of mobbing and rioting (See M. Christie - Breach of the Peace pub. Butterworths 1990).
What was required was disorderly conduct or a departure from generally acepted standards of decency and propriety. The need for the offence to have a public element, which caused such problems in the early 21st century, was not yet clear in case law. Drafting of charges pre-1887 could lack precision, and minor cases seldom troubled the appellate courts. Being almost always prosecuted in the summary courts, it was not until 1954 that a preferred wording for the charge came into use.
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Thank you!! Very informative I appreciate the reply