6 Mental element: miscellaneous.E+W
(1)A person is guilty of riot only if he intends to use violence or is aware that his conduct may be violent.
(2)A person is guilty of violent disorder or affray only if he intends to use or threaten violence or is aware that his conduct may be violent or threaten violence.
(3)A person is guilty of an offence under section 4 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or is aware that it may be threatening, abusive or insulting.
(4)A person is guilty of an offence under section 5 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening [F1or abusive], or is aware that it may be threatening [F1or abusive] or (as the case may be) he intends his behaviour to be or is aware that it may be disorderly.
(5)For the purposes of this section a person whose awareness is impaired by intoxication shall be taken to be aware of that of which he would be aware if not intoxicated, unless he shows either that his intoxication was not self-induced or that it was caused solely by the taking or administration of a substance in the course of medical treatment.
(6)In subsection (5) “intoxication” means any intoxication, whether caused by drink, drugs or other means, or by a combination of means.
(7)Subsections (1) and (2) do not affect the determination for the purposes of riot or violent disorder of the number of persons who use or threaten violence.
Textual Amendments
F1Words in s. 6(4) substituted (1.2.2014) by Crime and Courts Act 2013 (c. 22), ss. 57(3), 61(2); S.I. 2013/2981, art. 3