Date Updated: January 2012
Title: Public order
Offence: Violent disorder
Legislation: Section 2 Public Order Act 1986
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 5 years
Aggravating and Mitigating Factors
Aggravating factors indicating higher culpability and greater degree of harm
- Large group,
- people put in fear,
- busy public place.
- Vulnerable victims,
- use of weapons,
- fighting between rival groups.
- High level of damage, and /or injuries.
Factors indicating lower culpability
- Impulsive action.
Relevant Sentencing Council Guideline (if any)
Relevant sentencing Guidelines (If any)
Relevant Sentencing Case Law
For sentencing guidance in cases of serious disorder see
R v Chapman (2002) 146 S.J., CA
D took part in a street riot which lasted 12 hours. His actual involvement lasted 15 minutes. He threw stones at the Police and re-armed himself in order to continue. 3 years in a YOI upheld on a guilty plea.
In all cases of public disorder, the approach to be adopted is to consider not only the precise nature of the individual acts which can be attributed to the defendant but also the nature of the offending as a whole.
R v Hebron and Spencer 11 Cr. App. R (S) 226
R v Rees  1 Cr. App. R (S)
- Banning Orders
- This is a specified offence for the purposes of the public protection provisions in the Criminal Justice Act 2003