Over the past few years, there have been multiple news headlines highlighting violent disorder across the country. Whether in the context of riots, a pub brawl, protests or disorder at sporting events, if you become personally involved in these kinds of situations, it suddenly becomes imperative that your understanding of these crimes extends beyond the bits and pieces you’ve gleaned from social media and news reports.
This article aims to provide some useful introductory information on how violent disorder is defined and treated by the legal system in this country. From a legal definition of violent disorder to the sentencing guidelines for those found guilty of the offence, these are some key pieces of information to be aware of.
If you have been charged with violent disorder, or believe that you may be charged in the near future, then it is imperative that you seek legal advice as soon as possible. You will need the assistance of a criminal defence solicitor to ensure that you’re able to limit the legal repercussions going forward as best you possibly can.
Legal definition of violent disorder
Violent disorder is primarily defined under Section 2 of the Public Order Act 1986. According to the act, violent disorder occurs where 3 or more people are present together, and use or threaten to use unlawful violence, or act in a way such that people present would reasonably fear for their personal safety.
It does not matter if the group actually uses or threatens to use violence together; neither does it matter if there are any people around to fear or suffer that violence. Additionally, according to the act, violent disorder can be committed in both public and private places.
Examples of violent disorder
Acts of violent disorder can be committed in a wide range of different contexts, and the following examples will help to illustrate what that might look like in practice.
A pub brawl
A pub brawl involving 3 or more people is a common example of violent disorder. For the sake of the offence, it does not matter whether or not the fight actually results in blows being physically exchanged; all that matters is that there are 3 or more aggressors, and that their conduct would cause a person of reasonable firmness to fear for their personal safety.
This person would not need to actually be present; rather, they are a hypothetical person, who will be used in order to judge whether the conduct can be considered violent disorder or not.
A protest that turns violent
Another potential example of violent disorder could be at a political protest that turned violent. This could include a group of individuals threatening violence against the police, or against another group of counterprotestors with opposing political views.
Disorder at a sporting event
If two groups of opposing sporting fans started to fight one another, or even threatened violence against one another, it could be considered an act of violent disorder.
It would not matter whether the violence actually occurred or not, merely that there were 3 or more people present and that the conduct, taken together, would cause a person of reasonable firmness to fear for their safety.
Sentencing guidelines
According to the sentencing guidelines, violent disorder is an either way offence, meaning that it can be heard in either the Magistrates’ or Crown Court. Those found guilty can face a maximum sentence of up to 5 years in prison, with an offence range of between a community order and 4 years and 6 months in prison.
Clearly, it is an offence that can have serious repercussions on the future of those who are found guilty.
Impacting factors on sentencing
If someone is found guilty of violent disorder, then the court will need to assess both their culpability and the harm caused in order to determine an appropriate sentence.
Culpability
Those who use or intend to use petrol bombs, firearms, instigate action in a larger group, or target specific individuals will be placed in culpability bracket A.
Offenders who participate in an incident that results in widespread violence, a series of acts of violence, an incident involving a lot of planning, or in an incident involving sustained unlawful activity will likely be placed in culpability bracket B.
Lastly, offences involving threats of violence only, or low levels of violence or activity, will likely be placed in culpability bracket C.
Harm
Incidents that involve multiple or extreme examples of category 2 harms (see below) will likely be considered category 1 offences.
Incidents resulting in serious physical injury, or serious distress/disruption, incidents causing loss of livelihood, substantial public costs, attacks on police or public servants, or extensive damage to property will often be placed in category 2.
Offences that only involve threats of violence, or low levels of violence, will often be considered category 3 offences.
What harm and culpability mean in practice
If someone is found to have committed an offence that is maximally harmful (category 1) and they are maximally culpable (bracket A), then in sentencing, they will face a starting point of 4 years’ custody, with a category range of between 3 years and 4 years 6 months in prison.
If, on the other hand, they are found to have committed an offence that is minimally harmful (category 3) and they are minimally culpable (bracket C), then they will face a sentencing starting point of 26 weeks in prison, with a category range of between a medium level community order and 1 year in prison.
Violent disorder is clearly a complicated and serious criminal offence to find yourself involved in, and due to the group component, it’s not always immediately clear whether you’ve committed it or not. It’s imperative that you seek legal advice proactively, so that you can take appropriate measures going forward to limit the damage of any potential legal repercussions. The more time you and your criminal defence solicitor have to work on your defence, the higher the chances are that you’ll achieve a result that you’re ultimately happy with.
For further advice, please call our team now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour). You can also contact our team at Ashcott Solicitors via our contact form. We will respond to you as soon as possible.
