Is violent disorder triable either way?

Yes — violent disorder is triable either way, s.2(5) providing both an indictment penalty and a summary penalty. The maximum on conviction on indictment is 5 years' imprisonment and/or a fine; on summary conviction it is 6 months' imprisonment and/or a fine (s.2(5)).

How many people are needed for violent disorder, and do they need a common purpose?

3 or more persons must be present together using or threatening unlawful violence such that a person of reasonable firmness present at the scene would fear for their personal safety (s.2(1)). Unlike riot, no common purpose is required — each defendant is guilty on their own conduct.

What power lets me arrest for violent disorder?

PACE 1984 s.24 — arrest without warrant where you have reasonable grounds to suspect the offence and an arrest is necessary on one of the s.24(5) grounds. There is no separate statutory arrest power in the Public Order Act 1986 for this offence.

Violent disorder

The offence of violent disorder under s.2 Public Order Act 1986 — the statutory elements (points to prove) reproduced verbatim, mode of trial and maximum sentence, 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 violent disorder under s.2 Public Order Act 1986?

Violent disorder (s.2(1) Public Order Act 1986) requires: (1) 3 or more persons present together, (2) who use or threaten unlawful violence, (3) whose conduct taken together is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety, and (4) each defendant charged personally used or threatened unlawful violence, with the mental element in s.6(2).

It is triable either way — the maximum on conviction on indictment is 5 years' imprisonment and/or a fine; on summary conviction it is 6 months' imprisonment and/or a fine (s.2(5)).

All offence cards

Violent disorder is defined by s.2(1) Public Order Act 1986: where 3 or more persons who are present together use or threaten unlawful violence, 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 using or threatening unlawful violence is guilty of violent disorder. Each element has its own statutory definition (ss.6, 8), reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.2 Public Order Act 1986

Mode of trial

Triable either way

Maximum sentence

5 years' imprisonment and/or a fine on conviction on indictment; 6 months and/or a fine on summary conviction (s.2(5)).

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.

The summary penalty reproduced below refers to 'a fine not exceeding the statutory maximum' (s.2(5)). Since section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (in force 12 March 2015) that summary fine is UNLIMITED. The '6 months' summary custodial figure is current.

s.2 — Violent disorder.the offence

(1) Where 3 or more persons who are present together use or threaten unlawful violence 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 or threatening unlawful violence is guilty of violent disorder.

(2) It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously.

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

(4) Violent disorder may be committed in private as well as in public places.

(5) A person guilty of violent disorder is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

Read s.2 on legislation.gov.uk

s.6 — Mental element: miscellaneous.mental element (s.6(2))

(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 violent disorder, 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.

Violent Disorder (Section 2)CPS charging guidance

Triable either way

Maximum: 5 years’ custody

Section 2 of the Act creates the offence of violent disorder. It will ordinarily be appropriate for an adult charged with this offence to be tried in the Crown Court.

Under section 2 of the Act, it must be proved that:

three or more persons present together

used or threatened unlawful violence

so that the conduct of them (taken together) would cause a person of reasonable firmness (had such a person been present at the scene) to fear for their own personal safety.

For mens rea, see section 6 of the Act.

This offence should only be charged in relation to instances of serious disorder falling short of those elements required to establish an offence under section 1. Planning may be an important ingredient in a case of violent disorder but regard should be had for the potential of minor incidents to flare up into serious disorder sufficient to meet the requirements of this section.

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 three or more defendants use or threaten unlawful violence simultaneously.

Examples of the type of conduct which may be appropriate for a section 2 offence include (but are not limited to):

Fighting involving the use of weapons, between rival groups in a place to which members of the public have access (for example a town centre or a crowded bar) causing severe disruption and/or fear to members of the public;

An outbreak of violence which carries with it the potential for significant impact on a moderate scale on non-participants;

Serious disorder at a public event where missiles are thrown and other violence is used against and directed towards the police and other civil authorities.

Under section 7(3), where a defendant is tried for Violent Disorder, the jury may find them guilty of an offence under section 4. This means that (by virtue of section 6(5) of the Criminal Law Act 1967), the defendant may plead not guilty to Violent Disorder but guilty to section 4 in the Crown Court.

R v Mahroof (1988) 88 Cr App R 317: Whilst three or more persons must have been present and used or threatened unlawful violence, it is not necessary that three or more persons should actually be charged and prosecuted. The charge must make clear, however, that the defendant was one of the three or more involved in the commission of the offence.

R v NW [2010] EWCA Crim 404: The expression "present together" does not require any degree of co-operation between those who are using or threatening violence; all that is required is that they be present in the same place at the same time.

Read on cps.gov.uk

Violent disorder — Sentencing Council guideline Public Order

Violent disorder needs 3 or more persons present together, but — unlike riot (s.1) — they do not need to share a common purpose; each defendant is charged on their own use or threat of unlawful violence.
Merely threatening unlawful violence is enough for violent disorder; riot (s.1) requires the use of unlawful violence, not just a threat of it.
Unlike riot, there is no requirement for the consent of the Director of Public Prosecutions to bring a prosecution for violent disorder.

Frequently asked

Is violent disorder triable either way?: Yes — violent disorder is triable either way, s.2(5) providing both an indictment penalty and a summary penalty. The maximum on conviction on indictment is 5 years' imprisonment and/or a fine; on summary conviction it is 6 months' imprisonment and/or a fine (s.2(5)).
How many people are needed for violent disorder, and do they need a common purpose?: 3 or more persons must be present together using or threatening unlawful violence such that a person of reasonable firmness present at the scene would fear for their personal safety (s.2(1)). Unlike riot, no common purpose is required — each defendant is guilty on their own conduct.
What power lets me arrest for violent disorder?: PACE 1984 s.24 — arrest without warrant where you have reasonable grounds to suspect the offence and an arrest is necessary on one of the s.24(5) grounds. There is no separate statutory arrest power in the Public Order Act 1986 for this offence.