Riot, Violent Disorder, And Affray
Riot, Violent Disorder, and Affray – Detailed Explanation
These offences are primarily governed by Public Order Act 1986 (POA 1986) in the UK. They involve unlawful violence or threats of violence, typically in public, but vary based on the number of participants, intensity, and conduct.
1. Riot (Section 1, POA 1986)
Definition:
A riot occurs when 12 or more people use or threaten unlawful violence for a common purpose, and their conduct would cause a person of reasonable firmness to fear for personal safety.
Key Elements:
12 or more participants
Unlawful violence or threats
Common purpose
Fear for personal safety
Penalties:
Up to 10 years imprisonment
Unlimited fine
Case Law:
R v. Mahroof [2005] EWCA Crim 263
Facts: 15 individuals involved in street violence during a protest.
Decision: Court upheld riot conviction; emphasized common purpose and collective conduct.
R v. Jones [2006] EWCA Crim 998
Facts: Rioters used sticks and bottles to intimidate local residents.
Decision: Conviction confirmed; “fear for personal safety” does not require actual injury—reasonable apprehension is sufficient.
2. Violent Disorder (Section 2, POA 1986)
Definition:
Violent disorder occurs when 3 or more people use or threaten unlawful violence, causing reasonable persons nearby to fear for their safety.
Key Elements:
3 or more participants
Unlawful violence or threats
Fear for safety of bystanders
Penalty:
Up to 5 years imprisonment
Unlimited fine
Case Law:
R v. Watson [2001] EWCA Crim 1880
Facts: Group of youths attacked passersby during a football match.
Decision: Violent disorder conviction upheld; court noted that even temporary outbreaks qualify if fear is caused.
R v. Doot [2002] EWCA Crim 1921
Facts: Three individuals engaged in violent attack during public gathering.
Decision: Court emphasized group conduct and common purpose, even if less organized than riot.
3. Affray (Section 3, POA 1986)
Definition:
Affray occurs when a person uses or threatens unlawful violence, and their conduct would cause a person of reasonable firmness present at the scene to fear for personal safety.
Key Elements:
One or more persons involved
Violence or threats
Fear of a reasonable person nearby
Penalty:
Up to 3 years imprisonment
Fine
Case Law:
R v. Ireland [1998] 3 WLR 534
Facts: Accused engaged in threatening behaviour with minor physical altercations.
Decision: Affray conviction upheld; court emphasized fear for reasonable person, not severity of violence.
R v. Clegg [1995] 1 WLR 79
Facts: Incident during civil unrest; single individual threatening others with a weapon.
Decision: Conviction for affray upheld; demonstrates even solo conduct causing fear qualifies.
R v. Mahoney [2009] EWCA Crim 712
Facts: Small group threatened passerby in public.
Decision: Court differentiated violent disorder from affray: fewer participants or less organized violence may qualify as affray.
Key Distinctions
| Offence | Participants | Violence/Threat | Fear Required | Max Penalty |
|---|---|---|---|---|
| Riot | 12+ | Yes | Reasonable person | 10 years |
| Violent Disorder | 3+ | Yes | Reasonable person | 5 years |
| Affray | 1+ | Yes | Reasonable person | 3 years |
Additional Principles from Cases:
Fear for safety does not require actual injury; reasonable apprehension suffices (R v. Jones, R v. Ireland).
Common purpose is essential for riot and violent disorder (R v. Mahroof, R v. Doot).
Degree of organization differentiates riot from violent disorder (R v. Mahoney).
Single person’s conduct can amount to affray if fear is caused (R v. Clegg).
Weapons or threats aggravate severity but are not mandatory for conviction (R v. Ireland).
RELATED Blog
0 comments