Riot

s.1Public Order Act 1986

Using unlawful violence for a common purpose as one of 12 or more people whose combined conduct would make a person of reasonable firmness fear for their safety.

Riot · Public Order Act 1986, s.1Card 65 / 195

Points to prove

12 or more persons were present together
They used or threatened unlawful violence
For a common purpose
Their conduct (taken together) was such as would cause a person of reasonable firmness present at the scene to fear for their personal safety
The defendant used unlawful violence for the common purpose
Mental element (s.6(1))Intended to use violence or was aware that their conduct may be violent

Key definitions

Violence – s.8: any violent conduct, towards property as well as persons. It need not cause or be meant to cause injury or damage. Throwing a missile that falls short is enough.
Common purpose – s.1(3): may be inferred from conduct.
Not simultaneous – s.1(2): the 12 or more need not use or threaten violence at the same moment.
Person of reasonable firmness – a hypothetical bystander. No such person need actually be, or be likely to be, present (s.1(4)).
Using, not threatening – only those who use violence for the common purpose are guilty of riot. Those who only threaten may be charged with violent disorder (s.2).
Intoxication – s.6(5): self-induced intoxication does not help the defendant on awareness.

Good to know

Can be committed in private as well as in public places (s.1(5)).
A prosecution for riot needs the consent of the Director of Public Prosecutions (s.7(1)).
Victims of property damage in a riot may claim compensation from the local policing body under the Riot Compensation Act 2016.
Where fewer than 12 are involved, consider violent disorder (3 or more, s.2) or affray (s.3).

Legislation: Public Order Act 1986, s.1 (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: 10 years' imprisonment and/or a fine
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Riot: questions people ask

What are the points to prove for riot?

1. 12 or more persons were present together 2. They used or threatened unlawful violence 3. For a common purpose 4. Their conduct (taken together) was such as would cause a person of reasonable firmness present at the scene to fear for their personal safety 5. The defendant used unlawful violence for the common purpose 6. Intended to use violence or was aware that their conduct may be violent

What is the maximum sentence for riot?

10 years' imprisonment and/or a fine.

Is riot a summary, either-way or indictable offence?

Riot is indictable only: it can only be tried in the Crown Court.

What Act and section is riot?

Riot is an offence under the Public Order Act 1986, s.1.

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