Hi I'm Hayley Victoria and welcome back to my crime and policing channel. In today's session we're continuing our assault scale. We've done common assault, common assault by beating, ABH, GBH, aggravated GBH, affray and now we're moving on to section two of the Public Order Act 1986 which is violent disorder.
Now violent disorder is a very useful bit of knowledge for you to have as is riot which comes up next and affray. And something that differentiates these from each other is when we start looking at numbers of people involved. Now then, things like riots and violent disorders can be pretty scary. And if you're not used to dealing with stuff like that, they can really affect you. So police officers, I don't know, maybe military personnel, things like door staff might not be affected by the things that are happening.
But your average other person at the scene might be affected by it. And it's those people we consider. When we're looking at these offences, that's that hypothetical person at the scene, that person of reasonable firmness, would they be affected by the disorder, the vileness, the threats, the risk that's happening right now?
And that's what we look at. As with a fray, so if you watch the fray video, we talked about that hypothetical person of reasonable firmness who could be affected. We've got that same hypothetical person in violent disorder too.
So the difference between violent disorder, like I said, is numbers. And that's the difference as well between violent disorder and riot. Well, riot is section one of the Public Order Act 1986. That is the big one. You don't get much more of a kickoff than an actual riot. And that word riot gets banded about quite a lot.
I know people call the police vans riot vans, you know, but because you might see them at a riot. But riots are actually incredibly rare and that's because when a riot has been declared, that means the police are saying we have lost control and when the police lose control, they foot the bill for the damage. So as you can imagine, we don't get very many riots.
Some of the most notable riots you might have heard of are Tottenham, Brixton, huge events that have shaped policing thereafter. So I'll put some images on. Okay, that's what riots look like.
Riots are terrifying. Violent disorders, still a bit scary, but nowhere near as scary as a riot. But don't worry, because if you are a police officer, you're PSU trained, you're fine. You've got all your gear on, crack on, you'll be fine. Just follow the training.
It's all good. Well, with your violent disorders then, let's start talking about those numbers that I keep talking about. You need three or more people present together at the scene who are using or threatening.
unlawful violence. Now those three people or more don't need to have the same purpose. So yes, they might be using or threatening unlawful violence, but they don't have to have the same reason for doing so.
So that could be, let's say I'm kicking off at a police officer in town and threatening or using unlawful violence and a crowd of people come around me and they're like, oh yeah, for whatever reason they join in, right? They've not got the same purpose as me, I haven't got a common purpose, but the Using or threatening unlawful violence. Now then, the thing is with violent disorder, there can't be any more than 11 because once you get to 12, that's when you get to riot, okay? So three or more violent disorder, less than that, you're looking at a fray.
I don't know what that means for a fray. So a fray, violent disorders three or more, up to 11, 12 or more, riot. So Your riot, it all kicks off.
This is me holding a picture of a riot. So this is riot. This is violent disorder.
So you think about your little pockets of disorders. So a lot of the time when things do kick off quite big and it's not quite a riot, you'll see a lot of little violent disorders being entered rather than a riot because you must have seen things where you get more or you think you see more than 11 people kicking off but they won't get classified as a riot. Anyway, let's get to it.
So Like I said, three people present together at the scene threatening or using unlawful violence. They don't have to have a common purpose like I've said, so they could be threatening or using unlawful violence for whatever reason they like, but they're present together at that scene. And something interesting which is different from a fray if you remember, words alone can in this instance classify as that threat whereas they couldn't for a fray but they can for common assault.
What? Let's just go through that little bit. Again, so three or more people present together, they don't need to share a common purpose, they use or threaten unlawful violence, words alone can constitute that threat, and the conduct of them taken together at that scene is enough to cause a person of reasonable firmness to fear for his or her personal safety.
Easy right? And like I mentioned with a person of reasonable firmness, if you're a police officer, full riot gear, you are not going to be bothered. Well, you might be a little bit perturbed, but then you've got your average person.
They're not trained to deal with all this kicking off. They might be affected by it. You're looking at that person, that person of reasonable firmness. This offence is tribal either way.
So we've got a lot of either way offences. So is violent disorder. And that depends on the severity of what's happened. Now then, if it's tried in Crown Court, you'd be looking at a term of about five years in prison. And if you tried summarily, you're looking at six months in prison and or a fine.
So riot then. Riot is section one of the Public Order Act 1986. And like I mentioned, this is quite similar to violent disorder. However, 12 or more people must be present at the scene. And here's a big difference between that and violent disorder. 12 or more persons present together threatening or using unlawful violence for a common purpose.
So we're all rioting because of something. So let's think about Brixton. So the riot happened for a common purpose.
The people were so fed up of being ostracised and villainised just for the colour of their skin and their ethnicities that the riot happened. We know that, we know about Brixton, we know why the riot happened. That was a common purpose.
The problem were people, the conduct of them taken together. Unlawful violence and a threat or use of unlawful violence was that common purpose, like I said. And that common purpose would cause a person of reasonable firmness present at the scene to fear for his or her own personal safety. And each of the people threatening or using that.
violence for the common purpose will be guilty of that offence. Violent disorder if you remember didn't have to be a common purpose it could just be me kicking off with someone in town, other people for whatever reason joining in right, didn't have to have the common purpose but with riot you have that common purpose which is why it's kind of rare okay. What's interesting on legislation.gov.uk which I use a lot by the way feel free to send me some freebies and Blackstones policing I'm always shipping you guys but do you ever give me anything back no you don't selfish so with legislation not good at uk but also mentions as part of the legislation that the threat or the use of violence doesn't have to happen simultaneously from all 12 people at the exact same time and the common purpose may be inferred from conduct so that's where you think well real conduct actually i do believe you've got that common purpose and that's for you as the investigators to prove and another thing about this which is similar to violent disorder and afraid. That person of reasonable firmness doesn't actually have to be at the scene. That's that hypothetical person of reasonable firmness floating about in the ether that I keep talking about.
They don't actually have to be there, but you're using that same thought train. If that person of reasonable firmness would be here, would they be affected? Would they fear for their own personal safety at this scene? Okay, riot. may happen in public places as well as private places.
So let's think about, I don't know, we're at an army barracks right and it all boots off there, there's 12 people or more with a common purpose threatening or using unlawful violence okay, that's a riot. Doesn't matter whether you're in a private place or a public place, if you're satisfied with other elements of this legislation I predict a riot. I had to say it, I'm sorry, I had to say it and now it's gonna be in my head for the rest of the day. I can't sing it because copyright.
Here's a stickler with section one of the Public Order Act aka riot. This is an indictable offence. Now if you remember an indictable offence means it goes to one place only after it goes up the chain through you know everything magistrate blah blah blah blah you end up in Crown Court. Riot is an indictable offence which means you're heading to the Crown Courts people and Crown Courts are scary.
You've got the judge, you've got the barristers, you've got all the whigs right? And they all smell kind of dusty as well, a bit like libraries or caravans. So you were there in Crown Court and you might even be looking at a term of 10 years in prison for being involved in a riot. It's not exceeding 10 years though, or you might get a fine or you might get both, put what your judge is like. So yeah, there you go, that is riot and violent disorder.
Let's just run through those things again. Violent disorder, you're looking at three people at least. Three or more people, not 12, who are present at the scene.
threatening or using unlawful violence the conduct of them is taken together but it doesn't have to be a common purpose and that conduct makes a person or would make a person of reasonable firmness fear for their own personal safety with section one of the public order act 1986 also known as write it 12 or more people present at the scene with a common purpose are using or threatening unlawful violence, which would make a person of reasonable firmness fear for their own personal safety. Okay? So the differences are with violent disorder the conduct doesn't have to be the common purpose.
With riot it does. Okay so violent disorder does not have to be the same thing, same purpose. Riot it does. Violent disorder three or more.
Riot twelve or more when it won't really hold its kick off. We've both got this hypothetical person of reasonable firmness. So when we talked about that, when we talked about someone who's maybe door staff or a police officer who's used to dealing with that kind of thing, wouldn't be as affected as just your regular average person who would be. With file and... disorder words can be used as that threat words alone can constitute the threat with riot your conduct can be inferred as that common purpose they are acting is going to let you know whether they've got a common purpose as the rest of the people.
Violent disorder is indictable or summary is an either way offence. Riot is indictable only. Maximum sentence you're looking for a riot is 10 years and or a fine. When you're looking at violent disorder if you go on indictment you're looking at five years. Summarily you're looking at six months and or a fine.
These are your differences. Remember that you've got your different pockets here riot thing is proper kicking off violent disorder it is proper kicking off but we're not over here at riot territory i hope that makes sense that's it for assaults we've done it from common assault remember even just like a backhander that's assault can't even be abh right common assault can be words alone oh my god you generally fit for your safety i'm gonna fucking have you there you go okay i swore at you abh you're making a little bit of contact, but it's not that bad. GBH, you're really hurt him.
Aggravated GBH, I mean you're proper really, really hurt him. You've got intent in there as well. Afray, there's a couple of you pooting off and you could make someone of reasonable firmness afraid of their safety.
Violent disorder, three or more people at the scene whose conducts taken together could make a person of reasonable firmness, fear for their own safety, doesn't have to be a common purpose. Public order. Section one, riot.
12 or more people, common purpose, boom. That is it. We have done assaults. I hope that makes sense. Got any questions, pop it in the comments.
I always love to hear from you guys, so please do let me know. Thank you so much for watching. Please look after yourselves, look after each other, and please don't commit any crimes.