Criminal Justice (Public Order) Act 1994

Violent disorder.

15

15.(1) Where—

(a) three or more persons who are present together at any place (whether that place is a public place or a private place or both) use or threaten to use unlawful violence, and

(b) the conduct of those persons, taken together, is such as would cause a person of reasonable firmness present at that place to fear for his or another person’s safety,

then, each of the persons using or threatening to use unlawful violence shall be guilty of the offence of violent disorder.

(2) For the purposes of this section—

(a) it shall be immaterial whether or not the three or more persons use or threaten to use unlawful violence simultaneously;

(b) no person of reasonable firmness need actually be, or be likely to be, present at that place.

(3) A person shall not be convicted of the offence of violent disorder unless the person intends to use or threaten to use violence or is aware that his conduct may be violent or threaten violence.

(4) A person guilty of an offence of violent disorder shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.

(5) A reference, however expressed, in any enactment passed before the commencement of this Act—

(a) to the common law offence of riot, or

(b) to the common law offence of riot and to tumult,

shall be construed as a reference to the offence of violent disorder.

(6) The common law offence of rout and the common law offence of unlawful assembly are hereby abolished.

Annotations

Editorial Notes:

E16

Offences under section deemed “serious offences” for the purpose of refusal of bail (4.09.1998) by Bail Act 1997 (16/1997), ss. 1, 2 and sch. paras. 28, 29, 30, S.I. No. 315 of 1998.