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Shooting Birds In Your Garden ?


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thanks mate, but im not being pally pally with him, he was stuck out the window yesterday effing n balling at me saying that im shooting at his windows ?

like im going to do that the nob,

 

if he carrys on swearing at me and acuseing me of anything else im ringing the police and saying im getting threatend :D

hes an absolute arsehole!

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Breach of the peace is a criminal offence here in Scotland:

 

Breach of the Peace

 

Offence: When one or more persons conduct themselves in a riotous, or disorderly manner, anywhere, which alarms, annoys or disturbs the lieges (other people).

 

Arrest: Common law powers of arrest.

 

Notes:

This offence can take place anywhere i.e. a house, a public street or a private office.

 

Riotous: There is normally an element of noise, or 'rowdiness' or 'brawling' which is clearly causing concern to other members of the public e.g. swearing, challenging people to fight.

 

Disorderly: There is a more subtle element. The behaviour doesn't have to be noisy but still of a nature that would cause concern to other people. Examples include: 'Peeping Tom' type behaviour, persistently following someone, delivering 'threatening' letters and 'streaking' or 'mooning'.

 

To prove a Breach of the Peace the most important things to prove is that someone was Alarmed, Annoyed or Disturbed by the incident.

 

Basically its what the cops here refer to as a catch all offence!!!!!!!!!!!!!!!!!!

 

Tom

 

 

 

wtf is breach of peace :laugh:
Edited by Foxgun Tom
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Breach of the peace is a criminal offence here in Scotland:

 

Breach of the Peace

 

Offence: When one or more persons conduct themselves in a riotous, or disorderly manner, anywhere, which alarms, annoys or disturbs the lieges (other people).

 

Arrest: Common law powers of arrest.

 

Notes:

This offence can take place anywhere i.e. a house, a public street or a private office.

 

Riotous: There is normally an element of noise, or 'rowdiness' or 'brawling' which is clearly causing concern to other members of the public e.g. swearing, challenging people to fight.

 

Disorderly: There is a more subtle element. The behaviour doesn't have to be noisy but still of a nature that would cause concern to other people. Examples include: 'Peeping Tom' type behaviour, persistently following someone, delivering 'threatening' letters and 'streaking' or 'mooning'.

 

To prove a Breach of the Peace the most important things to prove is that someone was Alarmed, Annoyed or Disturbed by the incident.

 

Tom

 

 

 

wtf is breach of peace :laugh:

 

 

ermmmmm what tom says :clapper: :clapper:

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Foxgun...not sure that is right...maybe in bonny Scotland but in England it is more about stopping harm...

 

“We are emboldened to say that there is a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance.â€

 

it goes on to say a mere disturbance is not sufficient in itself.....

 

if a bobby turned up they would probably say that it was the pointing of a gun at a window that ammounted to a possible breach of the peace, as there is a threat of harm to that persons property....

 

they would probably say that shouting at you in this manner is justified if in fact you were pointing your gun at his windows, so no offence there...

 

as said previously it is better to try to work with the neighbour....if you're not wanting to talk to him make a point of never letting the gun point in his direction etc, but if the neighbour is a stroppy one he could always claim you have been...if he ever gets any video footage of you aiming the gun in such a way that his property could be damaged then the police will follow it up!!

 

ATB

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Some sound advice from the previous posters.

 

In all arguments someone has to be the "grown up". With me it's usually my 10 year daughter who is older in years than my 55! While I'm throwing my toys out of the pram she's the one who calmly puts them back in!

 

Shooting out of the bedroom window is probably the safest option - less chance of a shot going astray - but it also makes you more visible to your neighbour! Ah well, who said it would be easy?

 

Bob G

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Toka I did refer to the law in Scotland and not in England and Wales!! as someone asked a Scottish person earlier in the thread "wtf" is breach of the peace? Remember we have a different legal system here as well as our own legislation!!

 

All the best

Tom

Edited by Foxgun Tom
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You cannot discharge a Firearm (that includes air weapons) within 50ft of the centre of a Highway. Highways are not just roads, they can be footpaths and bridleways as well.

 

I hate to be pickey, but that is not quite right.

 

It is an offence under the Highways Act 1980 s 161(2) to light any fire on or over a carriageway, or discharge any firearm or firework within 50 feet of the centre of a highway which is a carriageway, with the consequence that a user of the carriageway is injured, interrupted or endangered. The section applies to rights of way over which there are vehicular rights, e.g. ways shown on the definitive map as byways open to all traffic, but not to footpaths and bridleways.

Not picky Matt, just have a better memory :laugh: No harm in constructive criticism :thumbs:

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