Riot or violent disorder?published at 13:50 British Summer Time 14 August
Daniel Sandford
Home affairs correspondent
Judge John Thackray KC, the Recorder of Hull, has suggested that some of those involved in the disorder in the last few weeks should be charged with riot and not just violent disorder.
The judge said, "The prosecution do need to look - for those who are playing front and central roles - at the alternative charge of riot rather than violent disorder".
The offences are similar in many ways, but the maximum sentence for riot is 10 years and the maximum sentence for violent disorder is five years.
The most significant differences between the definition of the two offences is that riot must be “for a common purpose”. Also riot must involve 12 or more people and violent disorder only three or more people.
No-one has yet been charged with riot in the last two weeks.
Those being sentenced for violent disorder have been getting prison sentences of between 12 months and 3 years 4 months.
That is because at this stage all those being sentenced have pleaded guilty, which earns a third off the sentence. Five years (60 months) minus a third is 3 years and 4 months (40 months).
Only one person has been given 3 years and 4 months so far. He was Gareth Metcalfe, who was involved in the rioting in Southport and was sentenced at Liverpool Crown Court yesterday.