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Review Your SQE 1 Practice Records

Examination Timing: 00H00M49S

James, along with several others, has been arrested for violent disorder during a street protest in Nottingham. He claims that he did not intend nor was he aware that his behaviour could be perceived as violent or threatening. Which of the following statements best describes the legal position?

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According to the Public Order Act 1986, a person is guilty of violent disorder if they use or threaten unlawful violence and their conduct is such that it would cause a person of reasonable firmness to fear for their personal safety. The individual must either intend to use or threaten violence or be aware that their conduct might be violent or threatening. Therefore, James's awareness of his conduct's potential to be interpreted as violent or threatening is crucial for establishing liability. 

Key Point: Under the Public Order Act 1986, the mental state of the accused, specifically their intent or awareness of the potential for their conduct to be perceived as violent, is essential for proving the offence of violent disorder.

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