Violent disorder

s.2Public Order Act 1986

Three or more people present together using or threatening unlawful violence, so that a person of reasonable firmness at the scene would fear for their personal safety.

Violent disorder · Public Order Act 1986, s.2Card 40 / 85

Points to prove

3 or more persons were present together
They used or threatened unlawful violence
Their conduct, taken together, would cause a person of reasonable firmness present at the scene to fear for their personal safety
The defendant was one of those using or threatening unlawful violence
Mental element (s.6(2))Intended to use or threaten violence, or was aware that their conduct may be violent or threaten violence

Key definitions

Violence – s.8: any violent conduct. Here it includes violence towards property as well as people. It is not limited to conduct causing or intended to cause injury or damage: throwing a missile that misses or falls short is enough.
Present together – the 3 or more do not have to use or threaten violence at the same time (s.2(2)). Unlike riot, no common purpose is needed.
Person of reasonable firmness – a hypothetical bystander. No such person needs actually to be, or be likely to be, present (s.2(3)).
Intoxication – s.6(5): a person whose awareness is impaired by self-induced intoxication is treated as aware of what they would have been aware of if sober.

Good to know

Can be committed in private as well as in public places (s.2(4)).
Each person is guilty only if they themselves used or threatened violence. But the s.6(2) mental element does not affect the count of 3 or more (s.6(7)).
If 12 or more use or threaten violence for a common purpose, consider riot (s.1).
On a trial on indictment, the jury may convict of the s.4 offence instead (s.7(3)).

Legislation: Public Order Act 1986, s.2 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)