Below are the new sentences to be handed out to those who breach the new laws*
Violent disorder and riot
Maximum custodial sentence – Five years and 10 years
Under the Public Order Act 1986, a person can be guilty of riot or violent disorder if they are part of a group and “use or threaten unlawful violence” in a way that would cause a bystander to “fear for his personal safety”.
To be charged the individual must be part of the group and have taken part in the threatening behaviour, but this does not prevent someone from being arrested in relation to attending a riot. No bystanders actually need to be present for the conduct to be considered threatening.
If the group is 12 people or larger, they can be charged with riot, while if it is three or more people they can be charged with violent disorder. The two offences carry maximum sentences of 10 and five years respectively.
Dozens of people have been arrested for or charged with violent disorder across the UK in the wake of the recent riots, including three charged in relation to unrest in Liverpool, six in Sunderland and two in Southport.
Arson and attempted murder
Maximum custodial sentence – Life imprisonment
Causing criminal damage by fire “without lawful excuse” is one of the few offences in the UK to carry the highest possible sentence of life imprisonment in its most serious form.
There are two levels of arson offences under UK law, the first of which is simple arson where a person sets fire to property without any intention or risk of endangering lives.
Examples of this could include setting fire to an empty car in a field or a vacant building. Those found guilty can face up to eight years in prison.
The more serious offence is aggravated arson, where a person sets fire to property with the intent to endanger life or by being reckless as to whether life would be endangered. Those found guilty can face up to life in prison, but sentencing guidelines indicate the starting point is eight years in prison.
A separate charge of murder or attempted murder may be brought if it can be proved that the individual intended to kill someone through the act of arson.
Riot police officers push back anti-migration protesters outside the Holiday Inn Express Hotel which is housing asylum seekers in Rotherham (Photo: Christopher Furlong/Getty Images)
Criminal damage
Maximum custodial sentence – Six months to life imprisonment
Alongside arson, the Criminal Damage Act 1971 also sets out a number of offences related to criminal damage.
It is an offence to destroy or damage property, and the value of the damage caused influences the potential penalty. For damage under £5,000, the maximum sentence in six months in prison, although a fine or community order is more common.
For damage above this threshold, the maximum sentence rises to 10 years in prison. If the damage is found to be racially or religiously motivated, the maximum increases to 14 years.
If an individual can also be found guilty of aggravated criminal damage if the damage intentionally or recklessly endangers life. The maximum sentence for this is life imprisonment.
Other public disorder offences
Maximum custodial sentence – Six months to two years
Someone can be found guilty of threatening behaviour under the Public Order Act 1986 if they are found to have intent to make an individual believe that unlawful violence will be used against them.
They can also be charged with causing intentional harassment, alarm or distress if they use language or display signs that can be considered threatening, abusive or insulting. Both these offences carry a maximum sentence of six months or an unlimited fine.
According to the Crime and Disorder Act 1998, someone can be found guilty of racially or religiously aggravated disorderly behaviour if they display hostility towards someone based on their membership, or perceived membership, of a racial or religious group. This crime can lead to up to two years in prison.
Assaulting an emergency worker
Maximum custodial sentence – Two years
Under the Assaults on Emergency Workers Act 2018, a specific offence was created for common assault or battery against a police officer, fire rescue worker or NHS worker while undergoing their duty.
There are several types of assault under UK law ranging from common assault, which has a maximum sentence of six months, to actual bodily harm (ABH) and grievous bodily harm (GBH), which both carry a maximum five-year sentence.
The offence of common assault – defined as when a person “inflicts violence on someone else or makes them think they are going to be attacked” – has an increased maximum sentence of two years if it is committed against an emergency worker.
At least one person has been charged in Southport with the offence of assaulting an emergency worker.
A masked protester throws a can of beer towards riot police in Bristol (Photo: AFP via Getty Images)
Burglary and criminal damage
Maximum custodial sentence – 10 years to life imprisonment
There are three different types of burglary under the Theft Act 1968 – domestic burglary, non-domestic burglary and aggravated burglary.
In regards to riots and public disorder, non-domestic burglary is the more common offence. Someone can be found guilty of this offence if they enter a building with the intent to commit theft or harm someone. This carries a maximum sentence of 10 years in prison, but the more common sentence is five years.
The more serious offence of aggravated burglary can be reached if they commit the burglary with an offensive weapon in their possession. The maximum sentence for this crime is life imprisonment.
At least two people have been arrested in Sunderland and charged with burglary following the recent disorder.
Social media offences
Maximum custodial sentence – Six months to five years
Under the Online Safety Act 2023, it is an offence to send a message online that the person knows to be false with the intent to cause “psychological or physical harm to a likely audience”. The maximum sentence for this offence is six months.
The separate offence of threatening communications applies if someone sends a message that conveys a threat of death or serious harm, and carries a maximum sentence of five years.
The Online Safety Act required that new guidance and codes of practice be brought in for social media companies regarding their duties to users, including preventing disinformation and malicious communications, which will be overseen by Ofcom. However, this guidance is still in draft form and is not expected to come into force until 2025.
Report from Inews msn
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