Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Indictment definition

What does Indictment mean? An indictment is the formal document that sets out the offences for which a defendant will be tried in the higher criminal courts (trial on indictment), and it defines the basis for arraignment, the conduct of the trial and the verdict. It contains one or more counts (England & Wales and Northern Ireland) or charges (Scotland and Ireland), each stating the offence and the particulars of the alleged conduct. It may join multiple defendants and offences where the rules on joinder are met. After a case is sent or committed for trial, the prosecution prepares the indictment and it is...

Riot under the Public Order Act 1986: Elements, Defences, CPS Guidance, Alternative Verdicts and Sentencing Council Guidelines (England and Wales)

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Practice notes

Section 1 of the Public Order Act 1986 (POA 1986) establishes the offence of riot. It is prosecutable only on Indictment before the Crown Court. Proceedings for riot, or for inciting riot, may begin solely by, or with the approval of, the Director of Public Prosecutions.

Elements of the offence of riot

Under POA 1986, s 1, the prosecution must show that:

twelve or more individuals
were together at the time
used, or threatened to use, unlawful violence for a shared aim, and
the behaviour was such as would cause a person of reasonable firmness present at the scene to fear for their personal safety, and
each defendant engaged in unlawful violence, and
intended that such violence advance the common purpose, or
was aware their conduct might be violent

Unlawful violence

‘Violence’ in the POA 1986 is defined to encompass any violent conduct. The definition expressly includes violence against property as well as violent conduct towards people.

Twelve or more persons and common purpose

There must be evidence before the jury of the presence of at least twelve people using, or threatening to use, unlawful violence. If such evidence is lacking the prosecution will fail, as set out above. See:...

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Web page updated on 27/05/2026

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