Is riot triable either way?

No — riot is triable only on indictment (s.1(6) Public Order Act 1986). The maximum sentence on conviction is 10 years' imprisonment and/or a fine.

Does riot need the DPP's consent to prosecute?

Yes. Section 7(1) Public Order Act 1986 provides that no prosecution for riot, or incitement to riot, may be instituted except by or with the consent of the Director of Public Prosecutions. Riot is the only offence in ss.1-5 of the Act subject to this consent requirement.

Who is guilty of riot when a group is involved?

Only those persons among the 12 or more present together who actually use unlawful violence for the common purpose are guilty of riot under s.1. A person who merely threatens violence, rather than uses it, is not guilty of riot — they may instead fall within violent disorder (s.2), which only requires 3 or more persons using or threatening unlawful violence.

Riot

The offence of riot under s.1 Public Order Act 1986 — the statutory elements (points to prove) reproduced verbatim, mode of trial and maximum sentence, the DPP consent requirement, and the arrest power, for frontline officers.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

Reviewed by the BlueLineHub Editorial Team

Last reviewed: 28 August 2026 · Next review due: 28 February 2027

Reviewed by BlueLineHub Editorial

What are the points to prove for riot under s.1 Public Order Act 1986?

Riot (s.1(1) Public Order Act 1986) requires 12 or more persons present together using or threatening unlawful violence for a common purpose, in circumstances such that a person of reasonable firmness present at the scene would fear for their personal safety — but only those persons actually USING unlawful violence for the common purpose are guilty of riot (s.6 sets the mental element and s.8 defines "violence").

Riot is triable only on indictment; the maximum sentence is 10 years' imprisonment and/or a fine (s.1(6)) — and no prosecution may be brought except by or with the consent of the Director of Public Prosecutions (s.7(1)).

All offence cards

Riot is defined by s.1(1) Public Order Act 1986: where 12 or more persons who are present together use or threaten unlawful violence for a common purpose, and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety, each of the persons who uses unlawful violence for the common purpose is guilty of riot. The mental element (s.6) and the definition of "violence" (s.8) are reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.1 Public Order Act 1986

Mode of trial

Indictable only

Maximum sentence

10 years' imprisonment and/or a fine on conviction on indictment (s.1(6))

Points to prove — statutory elements

Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.

s.1 — Riot.the offence

(1) Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.

(2) It is immaterial whether or not the 12 or more use or threaten unlawful violence simultaneously.

(3) The common purpose may be inferred from conduct.

(4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.

(5) Riot may be committed in private as well as in public places.

(6) A person guilty of riot is liable on conviction on indictment to imprisonment for a term not exceeding ten years or a fine or both.

Read s.1 on legislation.gov.uk

s.6 — Mental element: miscellaneous.mental element (s.6(1))

(1) A person is guilty of riot only if he intends to use violence or is aware that his conduct may be violent.

(2) A person is guilty of violent disorder or affray only if he intends to use or threaten violence or is aware that his conduct may be violent or threaten violence.

(3) A person is guilty of an offence under section 4 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or is aware that it may be threatening, abusive or insulting.

(4) A person is guilty of an offence under section 5 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening or abusive, or is aware that it may be threatening or abusive or (as the case may be) he intends his behaviour to be or is aware that it may be disorderly.

(5) For the purposes of this section a person whose awareness is impaired by intoxication shall be taken to be aware of that of which he would be aware if not intoxicated, unless he shows either that his intoxication was not self-induced or that it was caused solely by the taking or administration of a substance in the course of medical treatment.

(6) In subsection (5) “intoxication” means any intoxication, whether caused by drink, drugs or other means, or by a combination of means.

(7) Subsections (1) and (2) do not affect the determination for the purposes of riot or violent disorder of the number of persons who use or threaten violence.

Read s.6 on legislation.gov.uk

s.8 — Interpretation."violence" defined

(8) In this Part—

“dwelling” means any structure or part of a structure occupied as a person’s home or as other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied, and for this purpose “structure” includes a tent, caravan, vehicle, vessel or other temporary or movable structure;

“violence” means any violent conduct, so that—

except in the context of affray, it includes violent conduct towards property as well as violent conduct towards persons, and

it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct (for example, throwing at or towards a person a missile of a kind capable of causing injury which does not hit or falls short).

Read s.8 on legislation.gov.uk

Powers of arrest & search

Arrest without warrants.24

A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of committing riot, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24). There is no separate statutory power of arrest in the Public Order Act 1986 for this offence.

Code of Practice: PACE Code G — arrest →

CPS charging guidance

Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.

Riot (section 1)CPS charging guidance

Triable only on indictment

Maximum: 10 years’ custody

Under section 1 of the Act, it must be proved that:

The defendant used unlawful violence whilst they were one of twelve or more persons present together

who used or threatened unlawful violence

for a common purpose;

and that the conduct of them (taken together)

was such as would cause a person of reasonable firmness (had such a person been present at the scene) to fear for their own personal safety

The offence may be committed in a public or private place. The violence may be directed against persons or property. It is immaterial whether or not the 12 or more use or threaten unlawful violence simultaneously.

For the definition of “unlawful violence” see section 8 of the Act.

For mens rea, see section 6 of the Act.

Providing the above conditions are met each of the persons using (not just threatening) unlawful violence for a common purpose is guilty of riot. Threatening violence alone cannot amount to an offence under this section. To be guilty of the offence the defendant must be with others who are using or threatening violence and the defendant must have either:

personally used violence; or

aided, abetted, counselled or procured the use of violence so as to be jointly liable, e.g. encouraging, planning, directing or coordinating the activities of those involved in violent action.

Charges under section 1 should only be used for the most serious cases usually linked to serious outbreaks of sustained violence.

Conduct which falls within the scope of this offence may have (though it is not necessary) one or more of the following characteristics:

The normal forces of law and order break down;

Due to the intensity of the attacks on police and other civilian authorities, normal access by emergency services is impeded;

Due to the scale and ferocity of the disorder, severe disruption and fear is caused to members of the public;

The violence carries with it the potential to have a serious impact upon a significant number of non-participants for an appreciable length of time;

Organised or spontaneous large scale acts of violence on people and/or property.

Under section 7 of the Act, a prosecution for riot or incitement to riot may be commenced only by, or with the consent of, the Director of Public Prosecutions. Refer to Consents to Prosecute, elsewhere in the Legal Guidance.

The decision to charge riot must be referred to the Chief Crown Prosecutor. See Referrals, Approvals and Notifications, elsewhere in the Legal Guidance.

Read on cps.gov.uk

Riot — Sentencing Council guideline Public Order

12 or more persons must be present together at the same time using or threatening unlawful violence for a common purpose; the common purpose may be inferred from the conduct of those present (s.1(3)).
Only those persons who actually USE unlawful violence for the common purpose are guilty of riot — a person present who only threatens violence, or who uses violence but not for the common purpose, is not guilty of riot under s.1 (they may instead be liable for violent disorder, s.2).
"Violence" is defined broadly by s.8: it is not limited to violence against a person, and includes violent conduct towards property; it also includes conduct that is not intended or likely to cause injury (e.g. throwing a missile that misses or falls short).
No prosecution for riot, or incitement to riot, may be instituted except by or with the consent of the Director of Public Prosecutions (s.7(1)) — this is a mandatory precondition to prosecution, not a matter for the arresting officer at the point of arrest.

Frequently asked

Is riot triable either way?: No — riot is triable only on indictment (s.1(6) Public Order Act 1986). The maximum sentence on conviction is 10 years' imprisonment and/or a fine.
Does riot need the DPP's consent to prosecute?: Yes. Section 7(1) Public Order Act 1986 provides that no prosecution for riot, or incitement to riot, may be instituted except by or with the consent of the Director of Public Prosecutions. Riot is the only offence in ss.1-5 of the Act subject to this consent requirement.
Who is guilty of riot when a group is involved?: Only those persons among the 12 or more present together who actually use unlawful violence for the common purpose are guilty of riot under s.1. A person who merely threatens violence, rather than uses it, is not guilty of riot — they may instead fall within violent disorder (s.2), which only requires 3 or more persons using or threatening unlawful violence.