English and Welsh Police Law Explained
Oct 6, 2026 · 12 min · 10 segments
In today's episode we look at the final and most serious offences of the Public Order Act 1986, that of Rioting under section 1 and Violent Disorder under section 2. Today's legislation can be found…
Section 2(1) of the Public Order Act 1986 sets out the main elements of the offense of violent disorder.
This offense requires three or more people to be present together with those people using or threatening unlawful violence.
Their conduct must be considered taken together, and it must be such that it would cause a person of reasonable firmness present at the scene to fear for their personal safety.
Each person who uses or threatens the unlawful violence can therefore be guilty of violent disorder, provided the other elements of the offense are established.
The reference to a person of reasonable firmness introduces the objective test.
The question is not simply whether a particular person at the scene was actually frightened.
Instead, the courts will consider whether the combined conduct of the three or more people would cause a person of reasonable firmness, if they were present at the scene, to fear for their personal safety.
The conduct of the individuals is therefore considered together when deciding whether the threshold for violent disorder has been reached.
Section 2(2) of the Public Order Act makes it clear that the three or more people do not have to use or threaten unlawful violence at exactly the same time.
Their conduct can take place at different moments, provided that the people were present together and the overall circumstances satisfy the requirements for Section 2(1).
For example, one person may threaten violence, another person may use violence, while a third person then gets involved shortly afterwards.
The fact that their actions were not simultaneous does not, by itself, prevent the offense of violent disorder from being committed.
Section 2(1) of the Public Order Act 1986 sets out the main elements of the offense of violent disorder.
This offense requires three or more people to be present together with those people using or threatening unlawful violence.
Their conduct must be considered taken together, and it must be such that it would cause a person of reasonable firmness present at the scene to fear for their personal safety.
Each person who uses or threatens the unlawful violence can therefore be guilty of violent disorder, provided the other elements of the offense are established.
The reference to a person of reasonable firmness introduces the objective test.
The question is not simply whether a particular person at the scene was actually frightened.
Instead, the courts will consider whether the combined conduct of the three or more people would cause a person of reasonable firmness, if they were present at the scene, to fear for their personal safety.
The conduct of the individuals is therefore considered together when deciding whether the threshold for violent disorder has been reached.
Section 2(2) of the Public Order Act makes it clear that the three or more people do not have to use or threaten unlawful violence at exactly the same time.
Their conduct can take place at different moments, provided that the people were present together and the overall circumstances satisfy the requirements for Section 2(1).
For example, one person may threaten violence, another person may use violence, while a third person then gets involved shortly afterwards.
The fact that their actions were not simultaneous does not, by itself, prevent the offense of violent disorder from being committed.
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