Managing the Unmanageable

AuthorAshley Jane Lowerson
Published date01 February 2018
Date01 February 2018
DOIhttp://doi.org/10.1177/0022018317752938
Subject MatterArticles
Article
Managing the Unmanageable:
The Offence of Riot in
England and Wales
Ashley Jane Lowerson
University of Sunderland, UK
Abstract
This article analyses the current context and the use of the public order offence of ‘riot’ held in
s. 1 of the Public Order Act 1986. It examines the historical roots of the statutory offence and
the difficulty of securing a conviction following times of public disorder due to the nature and
interpretation of the wording in s. 1. The article identifies, and uses as an example, the per-
ception that football disorder includes riotous football fans, although official Home Office
statistics on football disorder highlight that the offence of riot is not utilised. The statutory
offence of ‘riot’ is an underused tool, although the term ‘riot’ is freely used by the media to
describe disorderly behaviour. The article projects to make a recommendation that the factors
underpinning the definition of riot needs to be re-examined to enable the judiciary to interpret
s. 1 in a manner that is more practicable.
Keywords
Public order, riot, violent disorder, football disorder
Introduction
In anticipation of the upcoming Fe
´de
´ration Internationale de Football Association (FIFA) World Cup,
the media will be littered with stories regarding spectator behaviour. England fans are deemed to engage
in disorderly behaviour at international tournaments more than their counterparts.
1
The popular press
broadcast incidents of hooliganism in and around international football events, particularly advertising
where hooligans may possibly engage in such disorderly conduct.
2
Corresponding author:
Ashley Jane Lowerson, Sunderland Law School, University of Sunderland, St Peter’s Way, SR6 0DD, UK.
E-mail: ashley.lowerson@sunderland.ac.uk
1. E. Dunning, P. Murphy and J. Williams, Football on Trial: Spectator Violence and Development in the Football World
(Routledge: London 1990).
2. J. Williams, E. Dunning and P. Murphy, Hooligans Abroad, 2nd edn (Routledge: London, 1989).
The Journal of Criminal Law
2018, Vol. 82(1) 35–47
ªThe Author(s) 2018
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DOI: 10.1177/0022018317752938
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