Riot & Affray
12+ People Using or Threatening Violence
Where 12 or more persons who are present together in a public or private place or both) use or threaten to use unlawful violence for a common purpose and the conduct taken together is such that it would cause a person of reasonable firmness to fear for his safety, then each person who is using unlawful violence for the common purpose is guilty of the offence of riot.
The common purpose may be inferred and the person of reasonable firmness need not actually be present. It is immaterial whether or not the 12 or more persons use or threaten to use unlawful violence simultaneously at any place;
The punishment for conviction on indictment of the offence of riot is a fine and/or 10 years’ imprisonment.
3+ People Using or Threatening Violence
Where three or more persons together at a place use or threaten to use unlawful violence and the conduct has taken together is such that it would cause the person a reasonable firmness to fear for his or other person’s safety, then each is guilty of the offence of violent disorder. It is immaterial whether the person’s use or threat of unlawful violence occurred simultaneously and that no person of reasonable firmness was actually present.
A person may not be convicted of violent disorder unless he intends to use or threaten to use violence or is aware that conduct, may be violent or threaten violence. The punishment on conviction on indictment is up to 10 years imprisonment or fine on indictment or both.
2+ People Using or Threatening Violence
When two or more persons are present at a public or private place and use or threaten to use violence towards each other and the violence so caused or threatened by one is unlawful and the conduct taken together is such that it would cause a person of reasonable firmness to fear for his safety or that of another, then the person who uses or threatens unlawful violence is guilty of affray. Â A threat may not be composed of words alone.
A person of reasonable firmness need not actually be or likely to be present. A person may not be convicted of affray unless he intends to use or threaten to use violence or is aware his conduct may be violent or threaten violence. A person guilty of affray may be tried similarly, subject on conviction to a fine of up to €1,000 or 12 months’ imprisonment or indictment, or imprisonment up to 5 years on conviction on indictment .