Crime and Policing: Violent Disorder and Riot

Overview

• Presenter: Hayley Victoria
• Topic: Public Order Act 1986 - Section 2 (Violent Disorder) and Section 1 (Riot)
• Context: Follows a series on various assaults (common assault, ABH, GBH, affray, etc.)

Violent Disorder

• Legislation: Section 2 of the Public Order Act 1986
• Definition: Involves 3 or more people present together using or threatening unlawful violence.
• Purpose: Individuals do not need to share a common purpose.
• Impact: Conduct taken together must cause a person of reasonable firmness to fear for safety.
• Words Alone: Can constitute a threat in violent disorder (unlike affray but similar to common assault).
• Legal Consequences:
  • Either way offence (can be tried in Magistrates' Court or Crown Court).
  • Crown Court: Up to 5 years in prison.
  • Summary: Up to 6 months in prison and/or a fine.
• Hypothetical Person Context: Used to assess the impact of the disorder on an average person.

Riot

• Legislation: Section 1 of the Public Order Act 1986
• Definition: Involves 12 or more people using or threatening unlawful violence for a common purpose.
• Common Purpose: Essential for classification as a riot (unlike violent disorder).
• Historical Context: Rare due to the implications of police losing control (e.g., Brixton and Tottenham riots).
• Legal Consequences:
  • Indictable offence (tried only in Crown Court).
  • Penalties can include up to 10 years in prison and/or a fine.
• Hypothetical Person Context: Same principle applies as in violent disorder regarding personal safety fear.
• Location: Can occur in both public and private places.
• Simultaneity Not Required: Violence need not occur simultaneously from all involved.

Comparison: Violent Disorder vs. Riot

• Common Purpose:
  • Violent Disorder: Not required.
  • Riot: Required.
• Number of People:
  • Violent Disorder: 3 to 11 people.
  • Riot: 12 or more people.
• Type of Offence:
  • Violent Disorder: Either way.
  • Riot: Indictable only.
• Sentence:
  • Violent Disorder: Up to 5 years (Crown Court); 6 months (summary).
  • Riot: Up to 10 years.

Key Takeaways

• Reasonable Firmness: Critical in both offences to gauge the impact on a hypothetical average person.
• Severity and Context: Severity of the situation and purpose differentiate violent disorder from riots.
• Legal Implications: Understanding the legal definitions and consequences is crucial for law enforcement.

Conclusion

• Completion of the series on assaults.
• Encouragement for audience interaction and questions.
• Reminder to avoid committing crimes.