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See also:RIOT (0. Fr. riote, of uncertain See also:etymology) , the gravest See also:kind of See also:breach of the See also:peace, See also:short of See also:treason, known to the See also:English See also:law . It consists in a tumultuous disturbance of the peace by an assemblage of three or more persons who, with See also:intent to help one another against any one who opposes them in the See also:execution of some enterprise, actually execute that enterprise in a violent and turbulent manner, to the terror of the See also:people . It is not necessary that violence should be used to any See also:person or damage done to any See also:property . Whether the enterprise itself is lawful or unlawful is not material, the gist of the offence lying in the mode in which the enterprise is carried out (The See also:Trafalgar Square Riots, 1888, 16 See also:Cox . Cr . Casa 420, 427; See also:Stephen, Dig . Crim . Law, 6th ed., See also:art . 77) . Nor is it material whether the enterprise is of a private or a public nature, though in the latter See also:case the rioters may also be guilty of See also:sedition or treason . An See also:assembly in its inception perfectly lawful may become ariot if the persons assembled proceed to See also:form and execute a See also:common purpose in the manner above stated, although they had no such purpose when they first assembled . See also:Riot differs from " See also:Affray " in the number of persons necessary to constitute the offence, from an " Unlawful Assembly " in that actual tumult or violence is an essential See also:element, and from " Rout,"which may be described as a beginning or endeavour to create a riot .
It was considered as See also:early as the 14th See also:century that the English common law gave an insufficient remedy against riot
.
In 1.36o the See also:statute of 34 See also:Edward III. gave See also:jurisdiction to justices to restrain, See also:arrest and imprison: rioters
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In 1393 the statute of 17 See also:Richard II. conferred similar See also:powers on the' See also:sheriff and Posse comitatus
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Numerous other acts extending the common law were passed, especially in the Tudor reigns (see Stephen, See also:History of the Criminal Law, vol. i. p
.
202)
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Both these acts above mentioned are still on the statute See also:book, but the earliest See also:act now in force of real importance as to this offence is the Riot Act (1716), which creates certain statutory offences for riot attended by circumstances of See also:aggravation
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That act makes it the See also:duty of a See also:justice, sheriff,. See also:mayor or other authority, wherever twelve persons or more are unlawfully, riotously and tumultuously assembled together, to the disturbance of the public peace, to resort to the See also:place of such assembly and read the following See also:proclamation: " Our See also:Sovereign See also:Lord the See also:
11 of the Malicious Damage Act 1861 (which is a re-enactment of a similar See also:provision made in 1827 in consequence of the See also:frame-breaking riots), it is a felony for persons riotously and tumultuously assembled together to the disturbance of the public peace to unlawfully and with force demolish or begin to demolish or pull down or destroy any See also:building, public building, machinery or See also:mining plant
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The punishment is the same as for a felony under the Riot Act
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By s
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12 it is a See also:misdemeanour' to injure or damage such building, &c
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The punishment is penal servitude from three to. seven years, or imprisonment as in the case of the two felonies above described
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Under the See also:Shipping Offences Act (1793) a riotous assemblage of three or more See also:seamen, See also:ship's carpenters and other persons, unlawfully and with force preventing and hindering or obstructing the loading or unloading or the sailing or See also:navigation of any See also:vessel, or unlawfully and with force boarding any vessel with intent to prevent, &c., is punishable on a first conviction as a misdemeanour by imprisonment from six to twelve months, ,nd on a second conviction as a felony by penal servitude from three to fourteen years
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And under the Offences against the Person Act 1861 (s
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40) See also:summary penalties are provided for forcible interference with seamen in the exercise of their lawful occupation
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Besides these enactments there are others aimed at similar offences, such as See also:smuggling, forcible entry and detainer, tumultuous petitioning (1661, 13 See also:
81-87
.
It is the duty of a See also:magistrate at the See also:time of a riot to assemble subjects of the See also:realm, whether See also:civil or military, for the purpose of quelling the riot
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In this duty he is aided by the common law, and a statute of 1414 (See also: The taking of life can only be justified by the See also:necessity for protecting persons or property against various forms of violent See also:crime, or by the necessity of dispersing a riotous See also:crowd which is dangerous unless dispersed, or in the case of persons whose conduct has become felonious through disobedience to the provisions of the Riot Act, and who resist the See also:attempt to disperse or apprehend them . The necessary prevention of such See also:outrage on person or property justifies the guardians of the peace in the employment against -a crowd of even deadly weapons . Officers and soldiers are under no See also:special privileges and subject to no special responsibilities as regards the principle of the law . A soldier for the purpose of establishing civil See also:order is only a See also:citizen armed in a particular manner . He cannot because he is a soldier be exonerated if without necessity he takes human life . The duty of magistrates and peace officers to summon or abstain from summoning the assistance of the military depends in like manner on the necessities of the case . A soldier can act only by using his arms . The weapons he carries are deadly . They cannot be employed at all without danger to life or See also:limb, and in these days of improved rifles and perfected See also:ammunition without some See also:risk of danger to distant and possibly See also:innocent bystanders . To call for assistance against rioters from those who can interfere only under such See also:grave conditions ought, of course, to be the last expedient of the civil authorities . But when the call for help is made and a necessity for assistance from the military has arisen, to refuse such assistance is in law a misdemeanour . The whole See also:action of the military when once called in ought from first to last to be based on the principle of doing, and doing without fear, that which is absolutely necessary to prevent serious crime, and of exercising care and skill with regard to what is done . No set of rules exists which governs every instance or defines beforehand any contingency that may arise . The presence of a magistrate is not essential, but is usual, and of the highest value to aid the See also:commander of the troops by See also:local knowledge . But his presence or See also:absence has no legal effect on the duties er responsibilities of the military to use their arms when it becomes necessary to do so, and without recklessness or See also:negligence and with reasonable care and caution; and where they have so acted the killing of a rioter is justifiable See also:homicide, and the killing of an innocent bystander is homicide by misadventure . It is not usual to resort to extremities with rioters until after reading the proclamation under the Riot Act (1716), 1 Reports of these trials will be found in the See also:State Trials, New See also:Series, vol . -iii. pp . 1, 1r . Most of the important cases of riot are collected or referred to in that series . but this preliminary is by no means a See also:condition precedent to the exercise of the common-law powers of suppressing riots . The See also:crown cannot See also:charge upon the local rates the expense of maintaining soldiers called into a See also:district by the magistrates to suppress a riot (re Glamorgan See also:County See also:Council, L.R . 1899, 2 Q.B . 536); but the cost of extra See also:police drafted in. for the like purpose falls on the rates of the district into which they are drafted (see Police Act 189o, s . 25) . Until x886 persons whose property was damaged by riot had a civil remedy of an exceptional See also:character by action against the See also:hundred in which the riot took place . This remedy was a survival. of the pre-See also:Conquest liability of the hundred to See also:guarantee the orderly conduct of its inhabitants . The hundred was made liable in case of See also:robbery by the Statute of See also:Winchester (1285).1 That and subsequent acts were repealed in the reign of George IV., and their provisions were consolidated by an act of 1827 which gave a remedy against the hundred in the case of felonious demolition of churches, chapels, houses, machinery, &c., being feloniously demolished by rioters . The last instance of the use of this exceptional remedy was in the case of a riot at See also:Worthing, and the remedy was abolished in 1886 . When the Piccadilly riots occurred in that year no one knew that the inured shops were in the hundred of Ossulston, and difficulties arose in applying the old See also:procedure . Sown ex See also:post facto statute was passed (the See also:Metropolitan Police See also:Compensation Act 1886) for a special See also:settlement of the claims, and the old statutes were repealed and replaced by the Riot Damage Act 1886 . Under this act compensation is payable where rioters have injured or destroyed houses, shops, buildings, fixed or movable machinery and appliances prepared or used for or in connexion with manufactures or See also:agriculture, or for mines or quarries, or vessels stranded or in See also:distress (see See also:WRECK), or have injured, stolen, or destroyed property in houses, shops or buildings . The compensation is payable out of the police See also:rate for the district in which the damage is done; or if it was done afloat, for the district nearest to the See also:scene of action . The claim is made on the police authority for the district . The time and form for making claims and the mode of fixing the amount of compensation is regulated by rules made by the See also:Home Secretary on the 3oth of See also:June 1894 (Stat . R. and O . 1894, No . 636) . In adjusting the amount regard is had to the conduct of the claimant, viz. as to precautions taken by him, his See also:share, if any, in the riot, or provocation offered to the rioters . Failure to carry out a See also:programme for athletic See also:sports has been held to debar a claimant from compensation for damage done by a riot among the disappointed spectators who had paid to see the sports . The claimant must give See also:credit for See also:insurance See also:money, or any other compensation received in respect of the damage; but the insurers or persons who paid such compensation may See also:file a claim against the police rate for the amount paid by them . Persons dissatisfied with the See also:award of the police authority may See also:sue for the recovery of their, claim subject to a liability to pay all the See also:costs if they do not get See also:judgment for more than the amount awarded . The action, if it is not for more than boo, is to be brought in the county See also:court . The remedy is available in the case of stranded See also:ships plundered by rioters (s . 515 of the See also:Merchant Shipping Act 1894) . The Riot Act does not extend to See also:Ireland, but similar provisions are contained in an act of the Irish Parliament passed in 1787 as amended by acts of 1831 and 1842 . These acts create a special offence punishable by penal servitude for life, viz. sending notices, letters or messages inciting or tending to riot . Under the Criminal Procedure Ireland Act 1887 (a temporary act) summary proceedings may be taken against rioters . The civil remedy against the county or See also:borough for malicious injury to property, real or See also:personal, including ships. in distress and their See also:cargo, is wider than in England or See also:Scotland, but it includes malicious injury by rioters where 1 There is a curious exception still on the Statute-book depriving persons robbed while travelling on the Lord's See also:Day of any right to compensation from the hundred (Lord's Day Act 2677, s . 5).the injury is a crime within the Malicious Damage Act of 1861: Claims are now dealt with in the county court, and not as formerly by the See also:grand See also:jury and See also:judge• of See also:assize (Local See also:Government Ireland Act 1898, s . 5) . In Scotland a riot may be either " rioting and mobbing." or " rioting and breach of the peace." The first is much the same as riot in English law . Mobbing consists in the assembling of a number of, people and then combining against order or peace to the alarm: of, the lieges (See also:Alison, Cr . Law of Scotland, vol. i. p . 509; See also:Macdonald, Criminal Law, 18o) . The second offence occurs when concourse or a common purpose are wanting . Numerous acts against rioting and unlawful See also:convocation were passed by the Scottish parliament, beginning in 1487 . The Riot Act {1716) applies to Scotland . There is a civil remedy against the county or See also:burgh in which a riot takes place in respect of damage done by the rioters to houses, churches, buildings and ships, and buildings or engines used in See also:trade or manufacture . The remedy is given by a series of statutes of, 1716, 1812, 1816, 1817 and 1894 . The procedure for its enforcement is now regulated by the Riotous Assemblies (Scotland) Act 1822, and amending statutes .. The county or burgh authorities may adjust claims without litigation, and pay them out of the See also:general assessments . See also:British Dominions.—In See also:India the offence of riot, as defined by s . 146 of the Penal See also:Code, consists in the use of force or violence by an unlawful assembly (which must consist of at least five persons, s . 141), or by any member thereof in the See also:prosecution of the common See also:object of such assembly (see See also:Mayne, Ind . Criminal Law, ed . 1896, p . 489) . In See also:Ceylon and the Straits Settlements provisions based on the See also:Indian Code are in force . In most of the settled Colonies the English law as to riot applies subject to local legislation . The Criminal Codes of See also:Canada (1892, ss . 79–86), New See also:Zealand (1893, ss . 83–89) and See also:Queensland (1899, ss .
61–67) adopt the substance of the English law as to riot, in terms borrowed from the English draft Code of 1880
.
In those of the See also:West Indies whose common law is based on that of See also:France, See also: 534, vol . H. ss . 1143 et seq.) . In some states there is a statutory proclamation for the See also:dispersion of rioters in terms almost identical with those of the British Riot Act . The See also:city, See also:town, or county is by the statutes of many states rendered liable for damage caused by rioters, with or without a remedy over against the persons who did the damage (see revised See also:Laws of See also:Massachusetts, ed . 1902, See also:chap . 211, sects . 2, 8) . |
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