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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10093
Experience:  30 years as a practising solicitor.
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My partner has recently been remanded of the peace and

Customer Question

My partner has recently been remanded for breach of the peace and police assault (where there was no injury) he has had previous breach of the peace charged which either been dropped or he has been fined. What do you think will be the outcome?
Submitted: 5 months ago.
Category: Scots Law
Expert:  JGM replied 5 months ago.

What are the personal circumstances and why was he remanded on this occasion? Please give as full details as you can.

Customer: replied 5 months ago.
On this occasion he was drunk and had an argument with a friend and when he came home he threatened to protect himself if his friend arrived and had a kitchen knife on him which was not on him when the police arrived but his mother told the police he previously did have it so I'm not sure if this would be a charge for carrying an offensive weapon. As for the police assault he spat on an officer but didn't actually injure or make physical contact with the police.
Expert:  JGM replied 5 months ago.

It sounds to me like the charges are aggravated by way of the weapon and also spitting on the officer. If he is convicted the court will consider a custodial sentnce although the more likely outcome is a community payback order or similar.