Veterans blockade Faslane nuclear weapons base in Scotland

Joan and Joy were taken to Clydebank police station in Glasgow where they were processed and charged with Breach of the Peace (a different offence from Breach of the Peace in England and Wales).

They were told they had to appear at Dumbarton court the following day (Friday 15th) by 11.30am, but when they showed up, none of the paperwork was there. They were sent away again and told they will hear in due course from the court.


BREACH OF THE PEACE (SCOTLAND)

taken from Scottish Activists Legal Project
 http://scalp.noflag.org.uk/legal-guide/

Breach of the Peace (BoP) is a very wide ranging offence, which you can be arrested for. Unlike in England, you can be convicted rather then just bound over. Sentence would usually be a small fine although (as it is a common law offence) there is no maximum sentence.

In theory, BoP requires conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community. It should be conduct that is genuinely alarming and disturbing, in its context, to any reasonable person. It is clear that something substantially greater than mere irritation is involved. BoP cases also sometimes refer to breach of public order or a breaking of the social peace.

You can be convicted of BoP even if no-one present was actually alarmed, if any reasonable person would have been had they been there. People are often arrested for BoP for simply refusing to do what a police officer told them to do, but if all you have done is refuse to do what you’re told you shouldn’t be convicted. However, refusal to comply with a police request can be a substantial part of a BoP charge as long as there is other stuff as well (e.g. blocking the road).

In practice BoP is wide open to almost any interpretation. Some courts have consistently convicted for BoP people who merely sat peacefully in the road despite evidence of the good natured atmosphere and total lack of alarm even from the police witnesses.