Points to prove
- 1. used/threatened unlawful violence
- 2. three persons present together
- 3. use/threaten unlawful violence and their conduct (taken together)
- 4. would cause a person of reasonable firmness present at the scene
- 5. to fear for their personal safety
Defences
- It is immaterial whether or not the three or more use or threaten unlawful violence simultaneously.
Mode of trial & maximum penalty
Either way — Summary: 6/12 months' imprisonment and/or a fine; Indictment: 5 years' imprisonment and/or a fine
Reference only — verify against current legislation and force policy before charge. Spotted an error? Tell us.
Sources
- Verified dataset — legislation.gov.uk (current revised versions)
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