(a) 12 or more persons who are present together (
"assembled persons" ) use or threaten to use unlawful violence to a person or
property for a common purpose; and
(b) the conduct of them taken together
would cause a person in the vicinity to reasonably fear for the person’s
personal safety;
each of the assembled persons commits the crime of taking
part in a riot.
Penalty—
Maximum penalty—
(a) if the offender causes
grievous bodily harm to a person, causes an explosive substance to explode or
destroys or starts to destroy a building, vehicle or machinery—life
imprisonment; or
(b) if—
(i) the offender is armed with a dangerous or
offensive weapon, instrument or explosive substance; or
(ii) property is
damaged, whether by the offender or another of the assembled persons—7 years
imprisonment; or
(c) otherwise—3 years imprisonment.
(2) For subsection
(1) (b) , it is immaterial whether there is or is likely to be a person in the
vicinity who holds the fear mentioned in the subsection.
(2A) The
Penalties and Sentences Act 1992, section 161Q also states a circumstance of
aggravation for an offence against this section.
(2B) An indictment charging
an offence against this section with the circumstance of aggravation stated in
the Penalties and Sentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(3) In this section—
"building" includes structure.
"vehicle" means a motor vehicle, train, aircraft or vessel.
