Liverpool Echo Thursday November 14Th...
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Violent Disorder
2 Answers
Is it possible to be charged with Violent Disorder if you did not take part in any violent activity, nor did you threaten to. But others in your company did partake in such activities.
Also, what is the expected sentence for anyone found guilty of Violent Disorder, if it is their first offence and they are in a good, steady job?
Also, what is the expected sentence for anyone found guilty of Violent Disorder, if it is their first offence and they are in a good, steady job?
Answers
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Violent Disorder is a serious offence under Section 2 of the Public Order Act.
For a successful prosecution 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
� present at the scene
� to fear for his or her personal safety.
So the answer to your first part is that it could possibly be shown that although a person offered no violence or threats himself, he may have been part of a group that did so.
As far as sentencing goes, guidelines suggest that cases should be heard in the Crown Court, suggesting that magistrates� maximum of six months custody is insufficient.
For a successful prosecution 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
� present at the scene
� to fear for his or her personal safety.
So the answer to your first part is that it could possibly be shown that although a person offered no violence or threats himself, he may have been part of a group that did so.
As far as sentencing goes, guidelines suggest that cases should be heard in the Crown Court, suggesting that magistrates� maximum of six months custody is insufficient.
Yes, the point is that merely being present at the scene of a crime, including this one, is not an offence.But that's not quite a simple as saying that the person who does nothing physical, does not himself use or threaten violence by word or deed, is innocent. He may be guilty because he is present in the group("present together") and he is helping or encouraging the violence or threat of it by joining, being or staying with the others.You can see how something threatening becomes so simply because of the numbers involved, even though many of them don't actually and in person utter a threat or physically threaten anyone.Of course, if someone happens to be in a group, some of them start the trouble and he instantly dissociates himself from wishing or being any part of it, but it starts up and goes on without him doing anything ,he wanting to discourage rather than encourage, he's entitled to be acquitted.We don't punish peacekeepers and those who think and behave as utterly peaceful and disapproving of the actions of others.
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