ABSTRACT
Section 2 of the Public Order Act 1986 creates a new statutory offence of violent disorder, which replaces the common law offence of unlawful assembly. The offence shares similarities with the offence of riot, but differs in several respects. First, for the offence to be committed, there need to be only three people, rather than 12 as required for a riot, involved in the violent conduct. Secondly, there needs to be no common purpose, as is required for the offence of riot. It is sufficient for an offence of violent disorder to be committed that the persons be involved in the use or threat of violent conduct. It is necessary that the conduct be such that it causes a person ‘of reasonable firmness’ to ‘fear for his personal safety’, although such persons need not actually be present.44 The offence can be committed in private or in public.45 The mental element required under section 6 is that the person intends to use or to threaten violence, or is aware that his conduct may be violent or threaten violence. Self-induced intoxication, other than through prescribed medication in a course of medical treatment, is not an excuse.
