Violent Disorder (Section 2 Public Order Act 1986)

Violent Disorder is an offence under s.2 Public Order Act 1986. 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 his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder (s.2(1)). It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously (s.2(2)). No person of reasonable firmness need actually be, or be likely to be, present at the scene (s.2(3)), and violent disorder may be committed in private as well as in public places (s.2(4)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 5 years or a fine or both; on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both (s.2(5)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. 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).