The Law on Violent Disorder and Available Defences

Violent disorder is a serious offence under Section 2 of the Public Order Act 1986. It occurs when three or more people use or threaten unlawful violence in a manner that could cause a person of "reasonable firmness" to fear for their safety. Although not as severe as the offence of riot, violent disorder still carries heavy penalties including custodial sentences. This area of law is complex, often involving situations such as protests, demonstrations, or other large public gatherings, where tensions may escalate quickly.

At Allen Hoole Solicitors, we have represented numerous clients charged with violent disorder, particularly those involved in public protests or demonstrations. As one of the largest firms in the South West of England, we have a highly experienced team of solicitor advocates and access to the best specialist barristers who have a proven track record in defending public order offences.

Legal Framework: Section 2 of the Public Order Act 1986

The offence of violent disorder requires three key elements to be proven:

1. Three or more people must be involved in using or threatening unlawful violence.
2. The violence or threats must be such that a person of reasonable firmness would fear for their safety.
3. The offence does not require that this "person of reasonable firmness" is actually present at the scene, only that their hypothetical presence would lead to such fear.

Importantly, each individual involved must either use or threaten violence or intend to support those who do. Violent disorder often arises in situations like protests, sporting events, or public gatherings where a crowd becomes hostile. Sentencing can result in a maximum penalty of five years' imprisonment and/or an unlimited fine.

Available Defences for Violent Disorder

The law surrounding violent disorder is intricate, and there are multiple defences available depending on the specific circumstances. At Allen Hoole Solicitors, we explore every avenue to ensure our clients receive the strongest possible defence. Some common defences include:

Lack of Participation

The prosecution must prove that the accused actively took part in the unlawful violence or threats. If the evidence shows that the defendant was merely present at the scene and did not engage in violent behaviour, we can argue that they did not participate in violent disorder. This defence can be particularly relevant in situations where an individual was present at a protest but did not take part in any violence.

Mistaken Identity

In large gatherings or chaotic situations, it is common for individuals to be wrongly identified. We carefully examine CCTV footage, police body cameras, and witness statements to verify whether the defendant has been correctly identified as a participant in the violence. This is a particularly effective defence in cases involving protests, where many people may be involved, and confusion can arise over who was responsible for specific acts.

Self-Defence or Defence of Others

In some cases, individuals may have acted in self-defence or in defence of others during a violent disorder. If the defendant believed they or someone else was in immediate danger and used reasonable force in response, we can argue that their actions were justified under the law. This defence is only available if the force used was proportionate to the threat faced.

Lack of Intention

Violent disorder requires proof that the individual intended to use or threaten violence or was aware that their actions would be interpreted as violent. If the prosecution cannot establish intent, this can form the basis of a strong defence. For example, an individual who was at the scene but did not intend to engage in or encourage violence may not be liable under this offence.

Withdrawal from the Scene

If it can be shown that the defendant withdrew from the scene before the violence escalated or played a minimal role, this can be used as a mitigating factor or defence. We gather evidence from witnesses or examine the timeline of events to prove that the accused took no further part in the disorder.

Allen Hoole’s Experience in Public Order Offences

At Allen Hoole Solicitors, we have significant experience representing individuals charged with violent disorder, especially those involved in protests and demonstrations. Public order cases are often complex, involving multiple defendants, intricate evidence, and varying degrees of participation. Our team of solicitor advocates works closely with leading barristers to meticulously analyse evidence and build a robust defence.

We have successfully represented clients by challenging police reports, conducting thorough investigations, and identifying legal and evidential issues that can lead to the dismissal of charges or a more lenient outcome.

Why Choose Allen Hoole Solicitors?

As one of the largest criminal defence firms in the South West of England, Allen Hoole Solicitors brings significant resources, expertise, and experience to every case. Our dedicated team of solicitor advocates and access to the best specialist barristers means that we are well-equipped to handle even the most complex cases of violent disorder. We work tirelessly to achieve the best possible outcomes for our clients, whether that be dismissal of charges, acquittal, or reduced sentences.

If you or someone you know is facing charges for violent disorder, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and representation, ensuring your rights are fully protected throughout the legal process.