Breach of the peace after Smith v Donnelly

Leverick, F. (2011) Breach of the peace after Smith v Donnelly. Scots Law Times, 2011(34), pp. 257-262.

Full text not currently available from Enlighten.


Assesses, with reference to key case law, the impact of the High Court of Justiciary decision in Smith v Donnelly, which appeared to narrow the offence of breach of the peace to conduct that is ''genuinely alarming and disturbing" and capable of threatening ''serious disturbance to the community''. Considers whether clear limits have now been placed on the offence. Examines difficulties regarding the concept of private conduct in such instances and the attribution of a presumption of background knowledge, including to members of the public in order to justify a conviction for breach of the peace in cases. Explains the significance of the Criminal Justice and Licensing (Scotland) Act 2010.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Leverick, Professor Fiona
Authors: Leverick, F.
College/School:College of Social Sciences > School of Law
Journal Name:Scots Law Times

University Staff: Request a correction | Enlighten Editors: Update this record