The offences
Section 2 of the Public Order Act 1986 covers violent disorder, where three or more persons use or threaten unlawful violence. Section 3 covers affray, where a person uses or threatens unlawful violence towards another, causing a person of reasonable firmness to fear for their safety. Both are triable either-way; violent disorder carries up to five years and affray up to three years on indictment.
Defences
- No use or threat of violence by the defendant
- A person of reasonable firmness would not have feared for their safety (affray)
- Disputed identification in group disorder cases
- Self-defence where force was used reasonably
Sentencing
Violent disorder carries up to five years on indictment, and affray up to three years. Group disorder cases often turn on identification and the defendant’s individual role.
Frequently asked questions
Violent disorder requires three or more people using or threatening violence; affray can be committed by one person and requires that a person of reasonable firmness would fear for their safety.
Up to five years’ imprisonment on indictment.
Yes. These cases often turn on identification from CCTV and witnesses, and the procedures and quality can be challenged.