Violent disorder arrests likely to follow days of protesting
Following widespread public disturbances over the last few days, the police will likely seek to arrest many hundreds of suspects in the coming weeks. Many of these arrests will be for offences of violent disorder.
Some people may be expecting that early morning knock, but others may well be surprised to learn that they are thought to have done anything wrong.
Is mere presence enough? What about laughing, heckling, shouting or a hand gesture or two? Is that enough to implicate you in allegations of violent disorder or even riot?
What constitutes violent disorder?
Violent disorder is defined as follows;
Where three or more persons together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.
A person will only be guilty of violent disorder if he / she intends to use or threaten unlawful violence or is aware that his / her conduct may be violent or threaten violence. So simply being present where disorder is taking place will not be sufficient, unless by being present you provide some form of encouragement to people involved in the violent behaviour.
Each case will be meticulously examined, but if you fear the knock, it’s crucial to be prepared for what might follow. Being proactive and ready for any eventuality is key.
What will happen if I am arrested?
You will be arrested, your digital devices seized, interviewed by the police and possibly charged with an offence. From the cases that have been before the courts already, it seems likely that bail will be denied both by the police and the courts as institutions heed the political tone set by the Prime Minister and Home Secretary.
The Home Secretary is on record as saying:
“So we should be clear there will be people who were thinking they were going on their summer holidays this week and instead they will face a knock on the door from the police, they will face arrest, and a police cell while they wait for trail in order to make sure that they do pay the price for what they have done.
We have made very clear to the police they have our full support in pursuing the full range of prosecutions and penalties including serious prison sentences, long term tagging travel bans and more.”
You will need legal representation at the police station and in court, so if you are preparing for the inevitable, get in touch with us as soon as possible so that we can explain your options, guide you through the process, and ensure the best possible outcome.
How can we help?
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
Image credit: “london riots-26032011-001” by william_79 is licensed under CC BY 2.0.
