Have you been accused of violent disorder? Contact Ghafar Khan before a police interview or court hearing. These cases often involve several defendants, fast-moving incidents and extensive CCTV, mobile-phone or social-media evidence, so early specialist criminal defence advice is important.
What is violent disorder?
Violent disorder is an offence under section 2 of the Public Order Act 1986. The prosecution must prove that three or more people who were present together used or threatened unlawful violence, and that their combined conduct would cause a person of reasonable firmness present at the scene to fear for personal safety.
The three people do not have to act violently at exactly the same time. The offence can occur in a public or private place, and no frightened bystander needs to have been present. Words alone cannot amount to the required threat of violence.
Can one person be charged with violent disorder?
Yes. The prosecution must prove that at least three people were involved in the relevant use or threat of unlawful violence, but not every alleged participant needs to be identified, charged or tried. The evidence against each defendant must still be examined individually.
What evidence is used in a violent disorder case?
Police may rely on CCTV, body-worn video, witness accounts, photographs, clothing, facial comparison, vehicle movements, phone downloads, location evidence and messages. The defence may need to consider:
- whether the defendant has been identified correctly;
- what the defendant personally did or intended;
- whether conduct amounted to unlawful violence or a threat;
- self-defence or defence of another person;
- whether edited footage omits important context;
- whether the statutory test for violent disorder is actually met.
Is violent disorder the same as affray?
No. Violent disorder concerns the combined conduct of at least three people present together. Affray can be committed by one person using or threatening unlawful violence. The correct charge depends on the evidence and seriousness of the incident; labels used by witnesses or online reports do not decide the legal offence.
What is the sentence for violent disorder?
Violent disorder is triable either way, although serious cases are ordinarily dealt with in the Crown Court. The maximum sentence is five years’ imprisonment. The Sentencing Council guideline gives an adult offence range from a community order to four years and six months’ custody.
The court assesses culpability and harm. Relevant matters can include leadership, planning, weapons, sustained violence, injuries, fear, attacks on police or public servants, disruption and property damage. Personal mitigation, age, maturity, previous convictions, remorse and any guilty plea may also affect sentence. The outcome depends on the individual facts.
What should I do after arrest?
- Ask the police to contact Ghafar Khan before interview.
- Do not delete messages, videos or social-media material.
- Preserve any footage or information that may show the full incident.
- Do not contact witnesses or co-defendants about their accounts.
- Comply strictly with bail conditions.
Violent disorder defence throughout England and Wales
Ghafar Khan is a Criminal Defence Solicitor and High Court Advocate with nearly 25 years’ experience. Representation is available in Lancashire, Greater Manchester and throughout England and Wales, including cases involving group allegations, serious violence and complex telephone or digital evidence. Legal aid may be available subject to eligibility and the circumstances of the case.
Official sources
Read section 2 of the Public Order Act 1986, the CPS public-order charging guidance and the Sentencing Council violent-disorder guideline.
Contact Ghafar Khan
24/7 mobile: 07500 556587
Office: 03330 110 210
Email: notguilty@ghafarkhan.com
#CALLGFA
This page provides general information only and is not legal advice for an individual case.