Breach of the peace

Breach of the peace is a Scottish common law crime of disorderly conduct severe enough to alarm ordinary people and threaten serious disturbance.

Breach of the peace is a crime at common law in Scotland, not created by statute. It is committed by conduct, often riotous or disorderly, that is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community. Following court decisions, it requires a public element, so conduct in a private home that could not be seen or heard by the public will not usually be enough. Threatening or abusive behaviour that causes fear or alarm, whether in public or private, is now more often charged as a separate statutory offence under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010. Because it is a common law crime, the maximum penalty depends on which court deals with the case.

Checked as at 25 September 2026. General information only, not legal advice.