Violent Disorder in UK Law

I would acknowledge the danger of hindsight, and I would accept that the judgment of the officer on the spot, in the exigency of the moment, deserves respect. It was not reasonable to suppose that even these passengers simply wanted a violent confrontation with the police, which they could have had in the lay-by.

By contrast, a peaceful protester does not cease to enjoy the right to peaceful assembly as a result of sporadic violence or other punishable acts committed by others in the course of a demonstration: Ziliberberg v Moldova and Ezelin v France (1991) 14 EHRR 362, 375, para 34 of the Commission's decision.

When it is the habit of young men (and young women) to drink excessively and then behave out of character, it is important that the courts send a message that there are very real dangers in embarking in that sort of binge drinking. It may cause a person to behave in a way which is out of character. While the courts wish to be sympathetic towards offenders, they must bear in mind the consequences of the offence as a whole on the public.

To afford the jury the time and facilities to conduct the same research would be utterly impracticable. Accordingly, it was in our judgment legitimate to allow the officer to assist the jury by pointing to what he asserted was happening in the crowded scenes on the film. He was open to cross-examination and the jury, after proper direction and warnings, were free either to accept or reject his assertions.

At the heart of each of these three statutory public order offences lies the use or threat of unlawful violence of a kind that would cause a person of reasonable firmness present at the scene to fear for his personal safety.

Nevertheless, the observations made by the judge apply equally to the second offence. We wholeheartedly and unhesitatingly endorse them, and adopt them as our own. They reflect the appropriate judicial response to sustained and violent public disturbances. In truth they reflect the fact that the maintenance of the peace of the community, and the protection of the public and the police doing their duty, is an imperative.

Nevertheless, the imposition of severe sentences, intended to provide both punishment and deterrence, must follow. Those who deliberately participate in disturbances of this magnitude, causing injury and damage and fear to even the most stout-hearted of citizens, and who individually commit further crimes during the course of the riots are committing aggravated crimes. They must be punished accordingly, and the sentences should be designed to deter others from similar criminal activity.