Certain common law offences like riot, rout, unlawful assembly and affray and some other statutory offences relating to public order were abolished by the Public Order Act, 1986. These were replaced by new offences like gravity, riot, violent disorder and affray. In case of riot, the presence of 12 persons are required. In place of violent disorder, the presence of minimum 3 persons is required. However Affray may be committed by a single person. No prosecution for riots may be instituted without the consent of the Director of Public Prosecutions. Offence can be committed in private as well as public places. If an action creates an injury to anyone, then only it becomes an offence. I In a riot or violent disorder, the 12 or 3 persons need to be together at the time when the offence or violence is committed. It must also be proved that the accused intended to use violence or was aware that his act might cause violence. That the act of the accused was purposely unlawfully violent, or presented a threat of unlawful violence must also be proved.
Affray may continue over a large area for a considerable period of time.
