Violent disorder is a
statutory
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
offence in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
. It is created b
section 2(1)of the
Public Order Act 1986. Sections 2(1) to (4) of that Act provide:
:(1) Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.
:(2) It is immaterial whether the 3 or more use or threaten unlawful violence simultaneously.
:(3) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
:(4) Violent disorder may be committed in private as well as in public places.
"3 or more persons"
See the following cases:
*R v Mahroof
98888
Cr App R 317, CA
*R v Fleming and Robinson
989 Crim LR 658, CA
*R v McGuigan and Cameron
991Crim LR 719, CA
"Violence"
This word is defined by section 8.
Mens rea
For the
mens rea, see section 6(2).
Indictment
As to particularisation, see R v Mahroof
988 88 Cr App R 317, CA.
Alternative verdict
See sections 7(3) and (4).
Arrest
Before 1 January 2006 this offence was classified as an
arrestable offence
Arrestable offence is a legal term now obsolete in English law and the legal system of Northern Ireland, but still used in the legal system of the Republic of Ireland. The Criminal Law Act 1967 introduced the category to replace the ancient te ...
by virtue of section 24(1)(b) of the
Police and Criminal Evidence Act 1984. See now sections 24 and 24A of that Act, as substituted by the
Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and si ...
.
Mode of trial and sentence
Violent disorder is triable
either way
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...
. A person guilty of violent disorder is liable on
conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is cons ...
on
indictment
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of a ...
to imprisonment for a term not exceeding five years, or to a fine, or to both, or, on
summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the
statutory maximum, or to both.
[The Public Order Act 1986, section 2(5)]
The following cases are relevant:
*R v Tomlinson, 157 JP 695, CA
*R v Hebron and Spencer, 11
Cr App R (S) 226,
989Crim LR 839, CA
*R v Watson & others (1990) 12 Cr App R (S) 477
*R v Tyler and others, 96 Cr App R 332,
993
Year 993 ( CMXCIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Spring – The 12-year-old King Otto III gives the Sword of Saints Cosmas and Damian ...
Crim LR 60, CA
*R v Green
997
Year 997 (Roman numerals, CMXCVII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar.
Events
By place
Japan
* 1 February: Empress Teishi gives birth to Princess Shushi - she is the first ...
2 Cr App R (S) 191
*R v Chapman (2002) 146 SJ
*R v Rees
006
Alec Trevelyan (006) is a fictional character and the main antagonist in the 1995 James Bond film '' GoldenEye'', the first film to feature actor Pierce Brosnan as Bond. Trevelyan is portrayed by actor Sean Bean. The likeness of Bean as Ale ...
2 Cr App R (S) 20
References
* Blackstones Police Manual Volume 4 General police duties, Fraser Simpson (2006). pp. 246. Oxford University Press.
*
{{reflist
Legal terminology
Violence
English laws