Author Topic: Breach of the peace?  (Read 653 times)

Offline scottishlad

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Breach of the peace?
« on: Sunday 22 September 24 21:53 BST (UK) »
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!

Offline djct59

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Re: Breach of the peace?
« Reply #1 on: Sunday 22 September 24 23:08 BST (UK) »
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.

Offline scottishlad

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Re: Breach of the peace?
« Reply #2 on: Sunday 22 September 24 23:10 BST (UK) »
Thank you!! Very informative I appreciate the reply