Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-g78kv Total loading time: 0 Render date: 2024-07-30T14:22:20.257Z Has data issue: false hasContentIssue false

19 - The Menace of the Mob

from PART III - THE TRANSFORMATION OF THE LAW

Published online by Cambridge University Press:  05 May 2015

Harry Potter
Affiliation:
Former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence
Get access

Summary

There ever were and ever will be mobs in England, while we remain a free people.

‘HS’ in the Gazetteer, 1768

In August 2011 rioting swept England, and the mob, for a time, seemed to rule the streets. The police initially held back, although they had the power to intervene in public disturbances without any other interposition. They had legal sanction vested in them by the 1986 Public Order Act. Before the eighteenth century, governments would have relied on the common law to suppress disorder – under common law riot was a misdemeanour unless it was politically inspired, in which case it was deemed treason. After 1715 reliance was placed on the reading of the Riot Act, which had been enacted the previous year. The Riot Act was to stay on the statute book for two hundred and sixty years, and survives to this day in the armoury of angry parents. The act deemed all riots ‘heinous offences’, not mere misdemeanours. The preamble referred to ‘many rebellious riots and tumults [that] have been taking place of late in divers parts of this kingdom' – a reference to the Tory mobs of 1710 and persisting Jacobite agitation culminating in the insurrection of 1715 – and stated that those involved ‘presume to do so, for that the punishments provided by the laws now in being are not adequate’. Twelve or more engaged in riotous assembly were to be ordered by the mayor, a magistrate or other official to disperse within the hour. If a group failed to do so, the members would be guilty of a felony without benefit of clergy, punishable by death. Force could be used against them and anyone assisting in their dispersal was exempt from any legal consequences should injury or death occur. The use of force to suppress disorder would have to come from the army.

Type
Chapter
Information
Law, Liberty and the Constitution
A Brief History of the Common Law
, pp. 185 - 196
Publisher: Boydell & Brewer
Print publication year: 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • The Menace of the Mob
  • Harry Potter, Former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence
  • Book: Law, Liberty and the Constitution
  • Online publication: 05 May 2015
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • The Menace of the Mob
  • Harry Potter, Former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence
  • Book: Law, Liberty and the Constitution
  • Online publication: 05 May 2015
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Menace of the Mob
  • Harry Potter, Former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence
  • Book: Law, Liberty and the Constitution
  • Online publication: 05 May 2015
Available formats
×