ABSTRACT

In ordinary parlance, “riot” and “civil commotion” are not easy to distinguish one from the other and the victims are not likely to appreciate fine distinctions. With the entry into force of sections 1, 2 and 10 of the Public Order Act 1986, the law on “riot” was substantially altered. The Act abolished the common law criminal offence of “riot”, which had been assumed to provide the limits of the insured peril of “riot”. The limits of the peril of “riot” track the criminal law. This is not an isolated issue and problems have arisen in respect of the interpretation of other overlapping perils/offences such as “theft”. A “civil commotion” has several characteristics one of which is a substantial proportion of the population, or at least a substantial number of people, rise to engage in “general mischief” or “to do terrible things”.