Tod and Mitchell specialise in all aspects of criminal defence work including Section 38 and regularly appear in criminal courts throughout Scotland dealing with cases in the High Court of Justiciary, the Sheriff Court and the Justice of the Peace Court.
Why use us?
Tod and Mitchell and our team of highly respected and experienced solicitors are well-known for our professional approach, vast knowledge of law and high percentage of case wins. Our head office is based in Paisley giving us the perfect central location for working with clients attending courts in Glasgow, Paisley, Dumbarton, Greenock and many more courts across Scotland.
Section 38 Solicitors Dumbarton
S38 Criminal Justice Licensing (Scotland) Act 2010
This section of the Act is commonly known as a statutory Breach of the Peace. Examples can range from a neighbourhood dispute, a domestic argument that has got out of hand to a stand up fight in the street. Technically, the definition is
“a person commits an offence if he behaves in a threatening or abusive manner, the behaviour would be likely to cause a reasonable person to suffer fear or alarm and he intends by the behaviour to cause fear or alarm or is reckless as to whether the behaviour would cause fear or alarm”.
It is a defence, for this crime, to show that, in the particular circumstances, that the behaviour was reasonable.
There are a number of cases surrounding this relatively new legislation so it is crucial for you that your legal representation is up to date with the law and can advise you accordingly.