can the police charge you with breach of the peace

can police be allowed to charge you with a breach of the peace if it was in the confines and privacy of your own home
as i was charged by cops with said offence and the now ex wife who i am divorcing put in a statement to cops i was verbally abusive to her by telling her to p--s off and that she felt i was threatening and intimidating towards her and i have to go to court for trial at end of september 2010
does the law in scotland actually permit malicious prosecutions like this
11:47 Sat 18th Sep 2010
 
Best Answer


No best answer has yet been selected by rangersno1fan. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.

1 to 2 of 2

I believe the situation is no different in Scotland but certainly in England and Wales a “Breach of the Peace” can occur in both public and private places. There is no distinction.

Breach of the Peace is not a statutory offence and is covered by common law. A police constable can arrest a person if he believes a breach of the peace has taken place or is likely to take place. Prosecutions for the offence do not take place. Instead the miscreant is brought before a court to be “bound over” to keep the peace in future. (This does not result in a criminal conviction).

If you say you have been charged with breach of the peace I am surprised. I did not think there was any difference in Scottish Law, but perhaps another AB-er with knowledge of Scottish Law may be able to help.

I note you describe the prosecution as malicious. What makes you say this? Remember, there is a difference between a malicious prosecution and one where you simply do not believe you are guilty.
Typical wife beating Rangers fan! Did you wreck the house as well?

1 to 2 of 2

Latest posts