Youth charged over tombstoning sets a dangerous precedent
Is tombstoning a breach of the peace? It would appear so after a teenager at Needle's E'e near Arbroath on Saturday was rescued by the RNLI then charged.
The BBC News article doesn't give enough detail to fully understand the reasoning for the charge, but if you compare this incident with another one that was in the news recently (and I was aware of due to its close proximity to where I live) it suggests that the act of tombstoning is the reason for the charge.
Both incidents involved the water, and a rescue effort. So how is the decision made to "ask people to be more careful and be prepared" when they crash a boat in to a 1000ft long pier, throwing one person in to the sea and resulting in head injuries; then charge a teenager with breach of the peace for jumping in to the sea and getting in to difficulty?
It appears clear that this charge has been made to send a message to everyone that tombstoning should not be tolerated. You are of course welcome to get in to serious trouble in the sea on a surfboard, kiteboard, jet-ski or in a boat and feel safer knowing you will be rescued and asked to be more careful next time.
The Court of Appeal defined a breach of the peace as being ‘an act done or threatened to be done which either actually harms a person, or in his presence, his property, or is likely to cause such harm being done’. source: yourrights.org.uk
