UK prosecutes recent riots under the Public Order Act 1986

After violent riots broke out in the UK, authorities have been accusing individuals of both online and offline crimes, ranging from violent riots to inciting racial hatred, among other offenses.

Some have even been sent to prison for posting on social media platforms.

Elon Musk’s public clash with UK Prime Minister Keir Starmer on the social media platform X quickly turned the security issues brought by social media into a global focal point amid the UK turmoil.

While some swift convictions were entirely based on social media posts, most arrests, charges, and convictions were related to violent crimes and disturbances to public order.

So, what laws have those involved in the riots or those merely posting on social media broken?

The Crown Prosecution Service in the UK told Epoch Times that they have not provided detailed breakdowns of convictions and arrests by type, and the arrests and charges are still ongoing. Nonetheless, the details of charges and convictions so far paint a vivid picture.

As people took to the streets, violent attacks escalated. Mosques in at least four cities in the UK were targeted. Hundreds gathered near a Holiday Inn Express used to shelter asylum seekers in the northern town of Rotherham, with some attempting to set the hotel on fire.

In Middlesbrough, rioters shouted at a car trying to pass through an intersection, “Are you British? Are you white?”

There were numerous instances of assault, including people throwing bricks and fireworks at the police.

As videos of Muslim groups attacking white people circulated online, street violence intensified.

Independent journalist Andy Ngo reported that a “Muslim patrol” armed with melee weapons attacked white people on the streets, accusing them of being linked to earlier anti-mass migration protests.

Andy Ngo also shared footage shot in a bar in Birmingham, where a group of “Muslim patrol” members shouted at and then physically assaulted a white man smoking outside.

In response, the entire UK justice system, including police forces, the Crown Prosecution Service (CPS), and the Home Office, swiftly took action by arresting, charging, and imprisoning those involved.

Many of the actions taken were under the crimes stipulated in the Public Order Act of 1986.

This legislation, dating back nearly 20 years prior to platforms like Facebook, Telegram, and X, includes offenses such as incitement, stirring up violence, and harassment applicable both online and offline.

According to the National Police Chiefs’ Council, since July 29, 927 people have been arrested across the UK, with 546 charges related to ongoing riots.

The CPS stated that as of this Tuesday (August 13), 354 defendants have been charged with ongoing disorder following the riots.

For instance, John Honey, a 25-year-old from Hull, admitted to charges of violent disorder, burglary, and racially aggravated criminal damage. He also admitted to racially aggravated criminal damage to a BMW car and nine other vehicles.

A 13-year-old girl protested outside the Potters International Hotel in Aldershot on July 31 and pleaded guilty to a charge of violent disorder in Basingstoke this Tuesday.

Due to legal reasons, the girl’s name cannot be disclosed, but she admitted to making threats of violence that caused others to fear for their personal safety.

Dorset police stated that Jason Barry Francis, 38, pleaded guilty to charges of violent disorder and assaulting emergency workers in Bournemouth on Monday, receiving a two-year prison sentence.

In CCTV footage from the local council and social media, Francis was captured rushing toward a police cordon, shoving and kicking officers, then punching one in the face before retreating into the crowd.

Sameer Ali, 21, received a 20-month prison sentence for affray, while Adnan Ghafoor, 31, was sentenced to 18 months in prison for similar offenses committed in Leeds city center during an anti-racism demonstration coinciding with an anti-immigration protest.

Leeds judge and King’s Counsel Guy Kearl told them, “The law applies to each and every one, irrespective of skin color, race, religion, or political beliefs. In this context, both of you engaged in violent activities on the streets of Leeds; the violence you and others engaged in was unlawful; not only did you physically assault others on the street, but witnesses in nearby pubs, on sidewalks, and in cars also witnessed it, causing them shock, fear, distress, and pain at your actions.”

As investigations continue, the police will continue to arrest and charge more individuals, with the expectation of a significant increase in the number of incarcerations.

The Public Order Act of 1986 has been in place for nearly 40 years, encompassing provisions banning the publication or dissemination of materials inciting racial hatred.

The primary focus on the role of social media in this legislation is because part of the unrest began with false information being spread online, contributing to the turmoil, falsely claiming that a murder suspect who stabbed three children was an illegal Muslim immigrant on a terror watchlist.

Thus far, those convicted have been found guilty of specific incitement acts, rather than repeated posting of content inciting riots.

For example, Jordan Parlour, 28, admitted last week to using threatening, abusive or insulting words or behavior with intent to stir up racial hatred and was sentenced to 20 months in prison.

Tyler Kay, 26, wrote a provocative anti-immigration post on X, calling for setting fire to hotels housing asylum seekers. He also shared a screenshot inciting action against an immigrant lawyer in Northampton. He admitted to intentionally posting material to stir racial hatred and was sentenced to 38 months in prison under the same law.

Some individuals have been convicted under communication offenses as stipulated in the Communications Act 2003.

For instance, Crown Prosecution Service charged Richard David Williams for “enthusiastically” posting information related to the riot and sharing memos derogatory of immigrants. He became the first person in Wales to be convicted and sentenced for crimes related to recent riots. He admitted to sending threatening messages via public communication networks and received a 12-week sentence.

On August 7, Dimitrie Stoica, 25, falsely claimed in a TikTok livestream video during the Derby riots that he was “escaping for his life,” leading to his imprisonment under the 2023 Online Safety Act, a new controversial online law aimed at protecting users and combating harmful content.

During his live stream to 700 followers while walking in Derby, concerns arose that protests and riots might erupt in the city that night. He later admitted that his statements were just a “joke.”

Stoica’s video caught the attention of police officials monitoring social media in the area. However, he informed the police that he was not being pursued and was not concerned for his safety.

Nevertheless, he was charged the next day for sending false information intending harm, violating Section 179 of the Online Safety Act, and was sentenced to three months in prison, along with a £154 compensation order.

The judge declared that these verdicts aimed at reprimanding and deterring crimes.

John O’Malley and William Nelson-Morgan committed acts of violent disorder in Southport and Walton, respectively, leading to 32-month prison sentences for each.

On Thursday, Judge Menary in Liverpool emphasized that courts have long been believed to have a duty to do their utmost to ensure the protection of the public, whether in their homes, businesses, or on the streets, safeguarding their living and working places. To fulfill this mission, courts often impose severe penalties for crimes related to or associated with large-scale violent disturbances of public order, aiming to punish and deter.

He added, “Simply put, those who deliberately engage in such riots, causing harm, damage, and fear in the communities, will inevitably face punishment, with their sentences aiming to deter others from partaking in similar activities; other offenses, such as committing criminal damage, arson, threatening behavior, or violent assaults amid widespread chaos, will be seen as aggravated forms of that offense.”

Prosecutor Stephen Parkinson mentioned that a case suspected of terrorism is currently under “active consideration,” although no terrorism charges have been brought forward yet.

Parkinson informed the PA Media news agency that these behaviors potentially constituting terrorism offenses could involve named individuals or immigrant law firms, inciting activities to influence these individuals.

The recent riots bear resemblance to the 2011 disturbances, where nearly 4,000 individuals were arrested for participating in riots.

In that year, from August 6 to 9, the fatal shooting of a 29-year-old Black gang member, Mark Duggan, by police in Tottenham sparked nationwide riots and looting.

Five people died during the riots, with at least 16 directly injured due to related violent acts. The authorities indicated that in this incident, the majority of police believed gang members were involved, even though they did not play a pivotal role.

Judiciary figures reveal that 1,984 defendants faced preliminary hearings related to rioting offenses in magistrates’ courts. Of these, 686 were convicted, with 551 receiving custodial sentences.

Reports suggest that 13% of those arrested (417 individuals) had gang affiliations, with 46% being Black (including mixed-race Black individuals), 42% White, 7% Asian, and 5% from “other” ethnic groups.

The most common crimes included burglary (50%), violent disorder (22%), and theft (15%).

Over three-quarters (76%) of the individuals had been warned or convicted before, with a significant portion (26%) having over ten prior criminal records.