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Riot
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===National laws=== ====India==== In India, rioting<ref>{{Cite web|url=http://devgan.in/indian_penal_code/index.php?q=rioting&a=1|title=IPC Section 146 - Rioting|website=A Lawyers Reference}}</ref> is an offense under the [[Indian Penal Code]] (IPC). ====Israel==== In 1988 the [[Israeli Defense Force|Israeli army]] issued rules of engagement for the use of [[plastic bullets]] which defined a "violent riot" as a disturbance with the participation of three or more persons, including stone throwing, erection of a barrier or barricade, burning a tire.<ref>Talmor, Ronny (translated by Ralph Mandel) (1990) ''The Use of Firearms - By the Security Forces in the Occupied Territories.'' [[B'Tselem]]. [https://www.btselem.org/sites/default/files2/publication/199007_use_of_firearms_eng.doc download] p.14</ref> ====United Kingdom==== =====England and Wales===== [[File:1981 Brixton Riots.jpg|thumb|The [[1981 Brixton riot|Brixton race riot]] in London, 1981]] '''Riot''' is a [[statutory]] offence in [[England and Wales]]. It is created by [http://www.legislation.gov.uk/ukpga/1986/64/section/1 section 1(1)] of the [[Public Order Act 1986]]. Sections 1(1) to (5) of that Act read: {{blockquote|(1) Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose 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 unlawful violence for the common purpose is guilty of riot.}} A single person can be liable for an offence of riot when they ''use'' violence, provided that it is shown there were at least twelve present ''using or threatening'' unlawful violence. The word "violence" is defined by section 8. The violence can be against the person or against property. The ''[[mens rea]]'' is defined by section 6(1). In the past, the [[Riot Act]] had to be read by an official β with the wording exactly correct β before violent policing action could take place. If the group did not disperse after the Act was read, lethal force could legally be used against the crowd. See also the [[Black Act]]. ======Mode of trial and sentence====== Riot is an [[indictable-only offence]]. A person convicted of riot is liable to [[imprisonment]] for any term not exceeding ten years, or to a [[Fine (penalty)|fine]], or to both.<ref>[[Public Order Act 1986]], [http://www.legislation.gov.uk/ukpga/1986/64/section/1 section 1(6)]</ref> See the following cases: * ''R v Luttman''<ref>''R v Luttman'' [1973] [[Criminal Law Review|Crim LR]] 127, CA</ref> * ''R v Pilgrim''<ref>''R v Pilgrim'', 5 [[Criminal Appeal Reports (Sentencing)|Cr App R (S)]] 140, CA</ref> * ''R v Keys''<ref>''R v Keys'', 84 Cr App R 204, 8 Cr App R (S) 444, [1987] Crim LR 207, CA</ref> * ''R v Cooke''<ref>''R v Cooke'', 9 Cr App R (S) 116, CA</ref> ======Association football matches====== In the case of riot connected to football hooliganism, the offender may be banned from football grounds for a set or indeterminate period of time and may be required to surrender their passport to the police for a period of time in the event of a club or international match, or international tournament, connected with the offence. This prevents travelling to the match or tournament in question. (The measures were brought in by the [[Football (Disorder) Act 2000]] after rioting of England fans at [[Euro 2000]].<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/2000/25/notes/contents |title=Explanatory Notes to the Football (Disorder) Act 2000 |publisher=Legislation.gov.uk |date=2013-02-26 |access-date=2013-04-30}}</ref>) ======Compensation for riot damage====== See the [[Riot (Damages) Act 1886]] and [http://www.legislation.gov.uk/ukpga/1995/21/section/235 section 235] of the [[Merchant Shipping Act 1995]]. ======Construction of "riot" and cognate expressions in other instruments====== Section 10 of the Public Order Act 1986 now provides: {{blockquote|{{ubl|item_style=margin-left: 1.5em; text-indent:-1.5em|(1) In the [[Riot (Damages) Act 1886]] ... (compensation for riot damage) "riotous" and "riotously" shall be construed in accordance with section 1 above. |(2) In Schedule 1 to the [[Marine Insurance Act 1906]] (form and rules for the construction of certain insurance policies) "rioters" in rule 8 and "riot" in rule 10 shall, in the application of the rules to any policy taking effect on or after the [[coming into force]] of this section, be construed in accordance with section 1 above unless a different intention appears. |(3) "Riot" and cognate expressions in any [[enactment (British legal term)|enactment]] in force before the coming into force of this section (other than the enactments mentioned in subsections (1) and (2) above) shall be construed in accordance with section 1 above if they would have been construed in accordance with the common law offence of riot apart from this Part. |(4) Subject to subsections (1) to (3) above and unless a different intention appears, nothing in this Part affects the meaning of "riot" or any cognate expression in any enactment in force, or other instrument taking effect, before the coming into force of this section.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/1986/64/section/10 |title=Public Order Act 1986}}</ref>}}}} As to this provision, see pages 84 and 85 of the Law Commission's report.<ref>The Law Commission. [http://www.bailii.org/ew/other/EWLC/1983/123.pdf Criminal Law: Offences relating to Public Order] (Law Com 123). HMSO. 1983. {{webarchive|url=https://web.archive.org/web/20191214014950/http://www.bailii.org/ew/other/EWLC/1983/123.pdf|date=2019-12-14}}.</ref> ======History====== The [[common law offence]] of riot was abolished<ref>[[Public Order Act 1986]], section 9(1)</ref> for England and Wales<ref>[[Public Order Act 1986]], section 42</ref> on 1 April 1987.<ref>The [[Public Order Act 1986 (Commencement No. 2) Order 1987]], [http://www.legislation.gov.uk/uksi/1987/198/article/2/made article 2] and [http://www.legislation.gov.uk/uksi/1987/198/schedule/made Schedule] (1987/198 (C. 4))</ref> {{Infobox UK legislation | short_title = Riot Act 1414<ref>The citation of this Act by this [[short title]] was authorised by section 5 of, and Schedule 2 to, the [[Statute Law Revision Act 1948]]. Due to the repeal of those provisions, it is now authorised by section 19(2) of the [[Interpretation Act 1978]].</ref> | type = Act | parliament = Parliament of England | long_title = Recital of the Statute [[Riot Act 1411|13 H. 4. c. 7.]] against riots, &c.<ref>These words are printed against this Act in the second column of Schedule 2 to the Statute Law Revision Act 1948, which is headed "Title".</ref> | year = 1414 | citation = [[2 Hen. 5. Stat. 1]]. c. 8 | introduced_commons = | introduced_lords = | territorial_extent = | royal_assent = 29 May 1414 | commencement = 30 April 1414 | expiry_date = | repeal_date = | amends = | replaces = | amendments = | repealing_legislation = [[Criminal Law Act 1967]] | related_legislation = | status = repealed | legislation_history = | theyworkforyou = | millbankhansard = | original_text = | revised_text = | use_new_UK-LEG = | UK-LEG_title = | collapsed = }} The '''Riot Act 1414''' ([[2 Hen. 5. Stat. 1]]. c. 8) was an [[Acts of Parliament in the United Kingdom|Act]] of the [[Parliament of England]]. Section 1 of, and Schedule 1 to, the [[Statute Law Revision Act 1948]] repealed: *The words from the beginning to "officers aforesaid in this behalf; And that" *The words "and ransom" *The words from "And that the bailiffs" to "the same franchises" *The words from "and that this statute" to the end of the chapter. The whole chapter, so far as unrepealed, was repealed by section 10(2) of, and Part I of Schedule 3 to, the [[Criminal Law Act 1967]]. The statute 2 Hen. 5. Stat. 1, of which this chapter was part, was repealed for the Republic of Ireland by section 1 of, and [http://www.irishstatutebook.ie/1983/en/act/pub/0011/sched.html#sched-part2 Part 2] of the Schedule to, the [[Statute Law Revision Act 1983]]. =====Northern Ireland===== Riot is a serious offence for the purposes of Chapter 3 of the Criminal Justice (Northern Ireland) Order 2008.<ref>The Criminal Justice (Northern Ireland) Order 2008, [http://www.legislation.gov.uk/nisi/2008/1216/article/12 article 12(2)] and [http://www.legislation.gov.uk/nisi/2008/1216/schedule/1 Schedule 1], paragraph 4.</ref> See [http://www.legislation.gov.uk/apni/1962/14/schedule/5/paragraph/13 paragraph 13] of Schedule 5 to the Electoral Law Act (Northern Ireland) 1962. =====Scotland===== There is an offence under the law of Scotland which is known both as "[[Mobbing (Scots law)|mobbing]]" and "mobbing and rioting". In July 1981, both Dundee and Edinburgh saw significant disorder as part of the events of that July,<ref>{{cite news|url=https://www.nytimes.com/1981/07/14/opinion/the-riot-experts.html| title=The Riot Experts | access-date=2015-04-02| newspaper=The New York Times | date=1981-07-14 }}</ref><ref>{{cite web|url=https://www.newspapers.com/newspage/2461950/| title=Police report flare-ups Police at Dundee, The Kokomo Tribune| date=13 July 1981|publisher=newspapers.com The Kokomo Tribune from Kokomo, Indiana Β· Page 1 July 13, 1981| access-date=2015-04-02}}</ref><ref>{{cite web|url=http://www.mmisi.org/ma/26_02/kirk.pdf|archive-url=https://web.archive.org/web/20150405111431/http://www.mmisi.org/ma/26_02/kirk.pdf|url-status=unfit| title=The Architecture of Servitude and Boredom, Russell Kirk |archive-date=2015-04-05|access-date=2015-03-04}}</ref> while in 1994<ref>{{cite web|url=https://www.youtube.com/watch?v=N-s0XRjs-LU| archive-url=https://ghostarchive.org/varchive/youtube/20211110/N-s0XRjs-LU| archive-date=2021-11-10 | url-status=live| title="eh16" - The Craigmillar Riots of 1994| website=[[YouTube]]| date=2 December 2010| access-date=2015-04-03}}{{cbignore}}</ref> and in 2013,<ref>{{cite web|url=http://www.dailyrecord.co.uk/news/scottish-news/police-braced-further-attacks-edinburgh-2041698| title=Police braced for further rioting in Edinburgh after patrol cars are petrol bombed, Daily Record, 10 July 2013 |access-date=2014-03-04| date=2013-07-10 }}</ref> two years after the English riots of August 2011, Edinburgh saw rioting, albeit localised to one specific area and not part of any bigger 'riot wave'. Events in 1981 were very similar to those in England, although sources are severely limited. Both [[Niddrie, Edinburgh|Niddrie]] and [[Craigmillar]] saw riots in the 1980s.<ref>{{cite web|url=https://unregardededinburgh.wordpress.com/2012/11/13/niddrie-old-police-station/| title=Unregarded Edinburgh, Niddrie Old Police Station| access-date=2015-04-03| date=2012-11-13}}</ref> ====United States==== [[File:Leffler - 1968 Washington, D.C. Martin Luther King, Jr. riots.jpg|thumb|The aftermath of a [[1968 Washington, D.C. riots|Washington, D.C. riot]] in April 1968]] {{Main|Mass racial violence in the United States}} Under [[Law of the United States|United States federal law]], a riot is defined as: <blockquote> A public disturbance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.{{usc|18|2102}}.</blockquote> Each state may have its own definition of a riot. In [[New York (state)|New York]], the term ''riot'' is not defined explicitly, but under Β§ 240.08 of the [[New York Penal Law]], "A person is guilty of inciting to riot when one urges ten or more persons to engage in tumultuous and violent conduct of a kind likely to create public alarm."
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