“Flagrant” is a strong word and the use of that word points to a standard of conduct which would be alarming or seriously disturbing to any reasonable person in the particular circumstances.”
“if there is no evidence of actual alarm, the conduct must be “flagrant” if it is to justify a conviction. It has therefore been said, more than once, that a comprehensive definition which would cover all possible circumstances is neither possible nor desirable. The High Court concluded that “The crime of breach of the peace can be committed in a wide variety of circumstances, and, in many cases, it is a relatively minor crime. Therefore, the crime of “breach of the peace” was so vague that prosecuting her for it was contrary to her human rights. Article 7 ECHR requires that citizens know what actions will break the law. She argued that she had engaged in this sort of conduct before, and it appeared to be arbitrary whether she would be arrested for it or not. Smith was protesting against nuclear weapons at the Faslane naval base.