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Violent disorder

Public order — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Public order

Violent disorder

Public Order Act 1986, s.2

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
5 years' custody

Actus reus

  • Three or more persons present together use or threaten unlawful violence, and the conduct of them (taken together) would cause a person of reasonable firmness present to fear for personal safety.

Mens rea

  • Intend to use or threaten violence, or be aware that conduct may be violent or threaten violence.

Defences

Fewer than three persons using/threatening violence · Self-defence · No fear to person of reasonable firmness · Deny participation

Sentencing Council

Sentencing Council guideline effective 1 January 2020. Offence range: community order to 4 years 6 months' custody.

View definitive guideline ↗

At the police station

Requires a group of three. Check how many were actually using/threatening violence versus bystanders. Football and protest contexts are common.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Public order

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.