![]() Reasonableness depends on the facts and circumstances of each case. This is known as the reasonableness defence. If you are charged with s38, then a defence to it may be that your actions were reasonable in all the circumstances. S38(2) OF THE CRIMINAL JUSTICE AND LICENSING SCOTLAND ACT What defence is there to a breach of the peace charge? It will depend on the nature of the conduct and the individual circumstances of a person convicted. Please note that most charges of this type will not result in a custodial sentence. Penalties for Conviction under S38 Breach of peaceįor less serious offences on summary complaint (eg Justice of the Peace Court (laypeople, not judge usually) with and Sheriff Summary case), imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.Īlthough it is rare for this type of charge to be prosecuted on indictment (Solemn cases with a jury), the sentencing is much greater and these are more serious, imprisonment for a term not exceeding 5 years, or a fine, or both.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |