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Disgusting dog owners!
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<blockquote data-quote="TechWise" data-source="post: 7910694" data-attributes="member: 11384"><p>Common Law "breach of the peace" is very rarely charged now since the advent of Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010, which makes it an offence for a person to "behave in a threatening or abusive manner" in a way "likely to cause a reasonable person to suffer fear or alarm". It closed a tricky loophole where a person could not commit a "breach of the peace" in their own house, because, as you pointed out the Common Law charge requires "serious disturbance to the community". Sec 38 also addressed an issue whereby the Common Law "breach of the peace" had become so vague that it fell foul of Article 7 of the ECHR, which basically states that you can't be punished for something if you couldn't reasonably have known if it was illegal or not.</p><p></p><p>In any event, disgusting though the behaviour in question is, you'd have great difficulty proving that it was "threatening or abusive" unless it was aimed at an individual. Likewise, it would be unlikely to fall under the now limited scope of a breach of the peace where a clear statutory alternative exists eg littering or dog fouling.</p><p></p><p>Personally - I'd pay money to see the OP force feed it to the culprits!</p></blockquote><p></p>
[QUOTE="TechWise, post: 7910694, member: 11384"] Common Law "breach of the peace" is very rarely charged now since the advent of Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010, which makes it an offence for a person to "behave in a threatening or abusive manner" in a way "likely to cause a reasonable person to suffer fear or alarm". It closed a tricky loophole where a person could not commit a "breach of the peace" in their own house, because, as you pointed out the Common Law charge requires "serious disturbance to the community". Sec 38 also addressed an issue whereby the Common Law "breach of the peace" had become so vague that it fell foul of Article 7 of the ECHR, which basically states that you can't be punished for something if you couldn't reasonably have known if it was illegal or not. In any event, disgusting though the behaviour in question is, you'd have great difficulty proving that it was "threatening or abusive" unless it was aimed at an individual. Likewise, it would be unlikely to fall under the now limited scope of a breach of the peace where a clear statutory alternative exists eg littering or dog fouling. Personally - I'd pay money to see the OP force feed it to the culprits! [/QUOTE]
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