Breach of the peace is one of the most prosecuted offences in Scotland. The crime covers a broad range of behaviour but almost always relates to some form of public disorder. This may include shouting, swearing, being disorderly or disruptive. Alternatively, you may be facing a charge under s.38 (1) Criminal Justice and Licensing (Scotland) Act 2010. This is a charge of engaging in threatening or abusive behaviour which would likely cause a reasonable person to suffer fear or alarm. The main difference between this charge and a breach of the peace is that there does not require to be an element of public disorder.
To prove the offence has been committed, the conduct must have been likely to cause a reasonable person fear or alarm. The prosecution does not need to show that the behaviour actually caused fear and alarm, simply that it could cause this response in a reasonable person.
Penalties can range from an admonishment to imprisonment for up to five years depending on the specific circumstances and serious nature.