Riot
Date Updated: January 2012
Title: Public order
Offence: Riot
Legislation: Section 1 Public Order Act 1986
Commencement Date:
Mode of Trial: On Indictment
Statutory Limitations & Maximum Penalty: 10 years
Aggravating and Mitigating Factors
Aggravating factors indicating higher culpability and greater degree of harm
- Lengthy incident,
- use of weapons,
- injuries and high level damage caused.
Factors indicating lower culpability
- Spontaneous violence
Relevant Sentencing Council Guideline (if any)
None
Relevant sentencing Guidelines (If any)
None
Relevant Sentencing Case Law
For sentencing guidance in a case of inner city riot see R v Najeeb [2003] 2 Cr.App.R. (S) 69 CA
This was a city riot of the most serious type occurring over 12 hours where missile were thrown at the Police.
Deterrent sentences were called for so personal mitigation and good character were of comparatively little weight.
£27m worth of damage caused and businesses ruined.
- Ringleaders would merit 10 years
- Active participants who threw petrol bombs 8/9 years
- Active participants who threw missiles 6/7/years
- Active participants who threw stones 5 years
- Other participants, lesser sentences.
Ancillary Orders:
- Compensation
- ASBO
- Banning Orders
Consider Also:
- This is a specified offence for the purposes of the public protection provisions in the Criminal Justice Act 2003.
