(1) Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.
(2) It is immaterial whether the 3 or more use or threaten unlawful violence simultaneously.
(3) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(4) Violent disorder may be committed in private as well as in public places.
Violent disorder is triable
either way. A person guilty of violent disorder is liable on
conviction on
indictment to imprisonment for a term not exceeding five years, or to a fine, or to both, or, on
summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the
statutory maximum, or to both.[1]
The following cases are relevant:
R v Tomlinson, 157 JP 695, CA
R v Hebron and Spencer, 11
Cr App R (S) 226, [1989] Crim LR 839, CA
R v Watson & others (1990) 12 Cr App R (S) 477
R v Tyler and others, 96 Cr App R 332, [1993] Crim LR 60, CA
R v Green [1997] 2 Cr App R (S) 191
R v Chapman (2002) 146 SJ
R v Rees [2006] 2 Cr App R (S) 20
References
Blackstones Police Manual Volume 4 General police duties, Fraser Simpson (2006). pp. 246. Oxford University Press.
ISBN0-19-928522-5