HMA v. Russell Hutchison +2 [2006] HCJAC 45

The appeal here related to three separate complaints in each of which the respondent had been charged with having committed a breach of the peace at a football match, racially aggravated in terms of section 96 of the Crime and Disorder Act 1998. In each case, at the conclusion of the Crown evidence, there had been a submission, in terms of section 160 of the Criminal Procedure (Scotland) Act 1995, that there was no case to answer on the basis that the evidence was insufficient to establish the commission of the crime of breach of the peace and in each case that submission had been upheld by the sheriff. The Crown appeals sought to overturn those decisions. Hutchison on 11 December 2004 at Ibrox allegedly shouted "Fucking weegie bastards" and when the band - which was situated amongst the Rangers' support in the Broomloan stand - struck up with a tune which was subsequently identified by the police officer as "Rule Britannia", the respondent shouted "Get the fucking English out of here". Bell on 16 October 2004 at Celtic Park allegedly shouted "oih, oih, oih" which police officers took to be a monkey noise and which they further took to be directed towards a black Celtic player, Henri Camara. Johnstone on 20 February 2005 at Celtic Park allegedly shouted "Balde you dirty black bastard". In all three cases those S.160 submissions were sustained by the sheriffs concerned, and it is against those decisions that the Crown appealed. The Court here looked at the disticntion between a Breach of the Peace and a charge of S.50A (1)(b) of the Criminal Law (Consolidation)(Scotland) Act 1995 where the object of the harassment must have seen or heard the conduct involved. The Court here looked at whether particular words or conduct amounted to a breach of the peace, having regard to the context in which that behaviour occurred.