Violent Disorder

An offence under section 2 Public Order Act 1986 is triable either summarily at the Magistrates Court or on indictment at the Crown Court. The maximum penalty on conviction on indictment is five years’ imprisonment.

To be convicted of a violent disorder the prosecution must prove that three or more persons present together used or threatened unlawful violence so that the conduct of them (taken together) would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.

The offence may be committed in a public or private place.

Examples of the type of conduct which may amount to violent disorder include:

• Fighting between three or more people involving the use of weapons, between rival groups or gangs in a place to which members of the public have access (for example a town centre or a crowded bar). The behaviour would result in severe disruption and/or fear to members of the public.
• An outbreak of violence which carries with it the potential for significant impact on a moderate scale to non-participants including members of the public.
• Serious disorder at a public event where missiles are thrown, and other violence is used against and directed towards the police and other civil authorities.

If you are facing an allegation of violent disorder, then it is essential that you take immediate legal advice from one of our expert Solicitors at SCM Law.