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Elements of the offence of riot

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

1. •

   12 or more persons

2. •

   present together

3. •

   used or threatened unlawful violence for a common purpose, and

4. •

   the conduct was such as would cause a person of reasonable firmness present at the scene to fear for their personal safety, and

5. •

   each defendant used unlawful violence, and

6. •

   intended to use such violence for the common purpose, or

7. •

   was aware that their conduct may be violent

Unlawful violence

'Violence' is defined in POA 1986 to mean any violent conduct. The definition specifically 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