Sentencing for violent disorder: How severe can it be?

Sentencing for violent disorder in England and Wales is a serious legal matter, governed by the Public Order Act 1986. If you or someone you know is facing such a charge, it is vital to understand the sentencing structure and seek expert advice from Criminal Law Solicitors with experience in public order offences.

Violent disorder is defined under Section 2 of the Public Order Act 1986. It refers to situations where three or more people use or threaten unlawful violence, causing a person of reasonable firmness present at the scene to fear for their safety. Due to the often chaotic and dangerous nature of such incidents, the courts treat sentencing for violent disorder with significant gravity.

What constitutes violent disorder?

Under English law, violent disorder involves:

• Three or more individuals involved in threatening or using violence.
• Behaviour that would cause a bystander to fear for their safety.
• Intention or recklessness regarding the use of violence.

The offence can occur in public or private spaces, and it differs from affray or riot due to the number of people involved and the perceived threat. The law doesn’t require the presence of a victim – merely the threat or actual use of violence by a group is sufficient.

Legal framework: Section 2 of the Public Order Act 1986

The legal foundation for violent disorder is outlined in Section 2 of the Public Order Act 1986. This legislation defines the offence and outlines the conditions under which someone may be charged and prosecuted.

Unlike riot (Section 1) which requires 12 or more people, violent disorder needs only three. However, the threat posed by fewer individuals can still be grave, and sentencing reflects the severity accordingly.

Sentencing for violent disorder: How courts determine severity

Sentencing for violent disorder is influenced by a range of aggravating and mitigating factors. The offence is either way, meaning it can be tried in the Magistrates’ Court or the Crown Court depending on the seriousness of the incident.

Maximum penalties:

• On indictment (Crown Court): Up to 5 years’ imprisonment and/or unlimited fine.
• Summary conviction (Magistrates’ Court): Up to 6 months’ imprisonment and/or a fine.

Factors affecting sentence severity:

• Use of weapons.
• Extent of planning involved.
• Level of harm caused or intended.
• Involvement of vulnerable individuals or targeting based on race, religion, etc.
• Use of mask or disguise to avoid detection.

Mitigating circumstances might include:

• First-time offence.
• Early guilty plea.
• Evidence of remorse.
• Minor role in the group.

Sentencing Guidelines Council (SGC) – Structured approach

The Sentencing Council provides a clear framework to help judges and magistrates determine appropriate punishments. Courts consider:

1. The culpability of the offender.
2. The level of harm caused.
3. Whether the offence falls into Category 1 (most serious) to Category 3 (least serious).

For instance, a Category 1 offence (high culpability and serious harm) could result in a starting point of 3 years’ custody. A Category 3 offence might lead to a community order or short custodial sentence.

Case scenario

A group of football fans were charged with violent disorder following clashes in a city centre. The Crown Court judge determined that the use of glass bottles, the fear caused to the public, and the organised nature of the violence warranted sentences between 18 months and 3 years for those found guilty. One individual who demonstrated remorse and played a minor role received a suspended sentence.

Expert insights from criminal solicitors

Legal professionals stress the importance of early legal representation when facing such charges:

• Early advice can influence whether the charge is for violent disorder, affray, or a lesser offence.
• Gathering evidence such as CCTV and witness statements can significantly affect sentencing outcomes.
• Negotiation with the Crown Prosecution Service (CPS) may lead to plea deals or dropped charges.

How to respond to a charge of violent disorder

If charged with violent disorder, individuals should immediately seek legal advice.

Sentencing for violent disorder carries serious implications, but with timely and skilled legal support, outcomes can be favourably influenced.

Having experienced Criminal Law Solicitors like Fosters Solicitors’ nationally-recognised Crime and Defence team, can significantly affect the outcome through strong mitigation or dismissal arguments.

Ranked as a Top Tier firm by The Legal 500 UK, our experts are regularly involved in major criminal cases both locally and nationally – and are here to support you with their full defence service 24 hours a day, seven days a week.

Contact us for more information.

FAQs

What is the definition of violent disorder?

Violent disorder is defined under Section 2 of the Public Order Act 1986 as an offence where three or more individuals use or threaten unlawful violence in a way that would cause someone of reasonable firmness to fear for their safety.

What is the maximum sentence for violent disorder?

On indictment, the maximum sentence for violent disorder is 5 years’ imprisonment and/or an unlimited fine. On summary conviction, it is up to 6 months’ imprisonment and/or a fine.

How do courts decide sentences for violent disorder?

Courts consider the level of harm, the offender’s culpability, aggravating and mitigating factors, and the offence category based on Sentencing Council guidelines.

What’s the difference between affray and violent disorder?

Affray involves one or more individuals threatening violence, while violent disorder specifically involves three or more individuals acting in concert.

Can I avoid prison for violent disorder?

Yes, in less serious cases or where mitigating factors are present (such as a guilty plea or minor role), courts may impose a community sentence or a suspended sentence.

Sentencing for violent disorder – example case table:

This article was produced on the 11th September 2025 for information purposes only and should not be construed or relied upon as specific legal advice.