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Violent disorder

Public Order Act 1986, s.2 · Triable either way

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Sentencing framework

The guideline for violent disorder sentencing begins by categorizing the offence based on culpability and harm. The courts first determine the appropriate category (A, B, or C) which reflects the level of culpability and the harm caused. Sentencing ranges from community orders to custody, with a maximum of 5 years. Factors such as previous convictions, involvement in inciting violence, and the use of weapons are considered aggravating, while factors like lack of prior offences, remorse, or the status of the offender may mitigate the sentence.

Maximum sentence

5 years’ custody

Court

Triable either way

Starting point

Community order – 4 years 6 months’ custody

Offence range

Community order – 4 years 6 months’ custody

Aggravating factors

  • ·Previous convictions
  • ·Active and persistent participant
  • ·Incitement of others
  • ·Offender masked or disguised to evade detection
  • ·Incident occurred in busy public area
  • ·Offender used weapon
  • ·Offender threw missiles/objects
  • ·Use of significant physical violence
  • ·Injury to service animal
  • ·Possession of weapon or article intended to injure
  • ·Attack by animal used or threatened in commission of offence
  • ·Incident occurred in victim’s home
  • ·Vulnerable persons or children present during incident
  • ·Commission of offence whilst under the influence of alcohol or drugs
  • ·Failure to comply with current court orders
  • ·Offence committed while on licence or subject to post sentence supervision

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Evidence of steps initially taken to defuse incident
  • ·Low level involvement
  • ·Minor/peripheral role
  • ·Remorse
  • ·Positive character and/or exemplary conduct (regardless of previous convictions)
  • ·Sole or primary carer for dependent relatives
  • ·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
  • ·Mental disorder or learning disability
  • ·Pregnancy, childbirth and post-natal care
  • ·Difficult and/or deprived background or personal circumstances
  • ·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — determining the offence category
  2. Step 2 — Starting point and category range
  3. Step 3 — Consider any factors which indicate a reduction for assistance to the prosecution
  4. Step 4 — Reduction for guilty pleas
  5. Step 5 — Dangerousness
  6. Step 6 — Totality principle
  7. Step 7 — Compensation and ancillary orders
  8. Step 8 — Reasons
  9. Step 9 — Consideration for time spent on bail (tagged curfew)

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.