Violent disorder
Violent disorder is a statutory offence in England and Wales. It is created by of the Public Order Act 1986. Sections 2 to of that Act provide:
"3 or more persons"
See the following cases:
- R v Mahroof 88 Cr App R 317, CA
- R v Fleming and Robinson Criminal [Law Review|Crim LR] 658, CA
- R v McGuigan and Cameron Crim LR 719, CA
This word is defined by section 8.
Mens rea
For the mens rea, see section 6.Indictment
As to particularisation, see R v Mahroof , 88 Cr App R 317, CA.Alternative verdict
See sections 7 and.Arrest
Before 1 January 2006 this offence was classified as an arrestable offence by virtue of section 24 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].Mode of trial and sentence
Violent disorder is triable either way. A person guilty of violent disorder is liable on conviction on indictment 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 following cases are relevant:
- R v Tomlinson, 157 JP 695, CA
- R v Hebron and Spencer, 11 Cr App R (S) 226, Crim LR 839, CA
- R v Watson & others 12 Cr App R 477
- R v Tyler and others, 96 Cr App R 332, Crim LR 60, CA
- R v Green 2 Cr App R 191
- R v Chapman 146 SJ
- R v Rees 2 Cr App R 20