Riot (Section 1 Public Order Act 1986)

Riot is an offence under s.1 Public Order Act 1986. Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them, taken together, is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot (s.1(1)). It is immaterial whether or not the 12 or more use or threaten unlawful violence simultaneously (s.1(2)). The common purpose may be inferred from conduct (s.1(3)). No person of reasonable firmness need actually be, or be likely to be, present at the scene (s.1(4)), and riot may be committed in private as well as in public places (s.1(5)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding ten years or a fine or both (s.1(6)).

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).