Riot

Actus reus

• Twelve or more persons present together use or threaten unlawful violence for a common purpose, and their conduct taken together would cause a person of reasonable firmness present at the scene to fear for personal safety (POA 1986, s.1(1)).
• Only each person who uses unlawful violence for the common purpose is guilty of riot (s.1(1)). It is immaterial whether the 12 use or threaten violence simultaneously (s.1(2)). No person of reasonable firmness need actually be present (s.1(4)). May be committed in private (s.1(5)).

Mens rea

• A person is guilty of riot only if he intends to use violence or is aware that his conduct may be violent (POA 1986, s.6(1)).

Defences

Fewer than 12 present together using or threatening unlawful violence · No common purpose · The accused did not use unlawful violence (threat alone is not enough for guilt of riot) · No intent/awareness required by s.6(1) · Self-defence / prevention of crime