What are the sentencing guidelines for rioting in the UK?
More than 100 people have been convicted in connection with the recent riots, but what factors determine the length of their sentences?
More than 1,000 people have been arrested and 474 charged in connection with the recent riots in the UK.
Disorder broke out in England and Northern Ireland earlier this month after the fatal stabbing of three girls in Southport.
More than 100 people have so far been sentenced, but as cases continue to work their way through the courts, Yahoo News UK examines the offences involved, what they mean and how sentences are applied.
What offences have been committed?
The most common offence in connection with the rioting is violent disorder, with about 270 people being charged with this offence, either by itself or in combination with other charges, according to data published by the PA news agency on 16 August.
The longest sentence so far was handed down to David Wilkinson, 48, who was jailed for six years after being found guilty of violent disorder, racially aggravated criminal damage and attempted arson.
Wilkinson had a "prominent role" in rioting in Hull on 3 August, and was part of a group that forced three Romanian men from their car, punching them in the head.
The next longest sentence was given to John Honey, 25, who was jailed for four years and eight months for charges of violent disorder, racially aggravated criminal damage and burglary. He helped attack the Romanian men and was caught on camera looting a number of shops.
Two individuals in England have so far been charged with riot - Kieran Usher, 32, of Hendon, Sunderland, and a 15-year-old boy who appeared at South Tyneside Youth Court on 15 August.
Another eight adults have been charged with publishing material to stir up racial hatred, while 11 have been charged with racially or religiously-aggravated harassment.
What is rioting?
The legal definition of riot is laid out in the Public Order Act 1986 and states that the minimum number of people involved is 12.
According to the Crown Prosecution Service (CPS), in a riot the 12 or more persons involved must act for a "common purpose".
To class as rioting, the defendant must use actual violence either themselves or through helping others in the group to use violence. Threatening violence alone does not constitute a riot offence.
The maximum sentence that can be handed down to someone found guilty of riot is 10 years in prison. The offence range is from three years to nine years in prison depending on the culpability and the level of harm.
According to the Sentencing Council, aggravating factors increasing the seriousness of the offence include the offender using a weapon and if vulnerable people or children were present during the incident.
Mitigating factors that would reduce the seriousness of the offence include low-level involvement, having no previous convictions, showing remorse and previous positive character.
What is violent disorder?
This carries a less severe punishment than riot, with a maximum sentence of five years in prison, and an offence range from a community order to four years and six months in custody.
Unlike riot, violent disorder must only involve three or more people, which is why it has been the more common charge issued in the wake of the recent riots.
The CPS says that, in violent disorder cases, it must be proved that three or more people used or threatened violence to an extent that their actions would cause someone to fear for their own personal safety.
Aggravating factors include using a weapon and committing the offence while under the influence of alcohol or drugs, while mitigating factors include having no previous convictions and showing remorse.
What happens next?
The fallout from the rioting has put huge strain on the UK's legal and justice systems.
The CPS said on Monday morning that 474 people had been charged with offences.
As of last Friday, 106 adults had been sentenced, 99 of whom have been sent to prison, according to PA Media. That number is likely to go up in the coming weeks. More than 1,000 have so far been arrested in connection with the disorder.
With hundreds of people being brought before the courts, the government activated an emergency plan across the north of England and the Midlands on Monday to try to ease prison overcrowding.
Operation Early Dawn will mean defendants who are waiting to appear in court will be held in police cells and not summoned to magistrates' court until prison space is available.
With more than 470 being charged and just over 100 sentences handed down, there are potentially more than 300 cases remaining to go through the courts.
One legal expert told Yahoo News that the while the speed and scale of the convictions would likely act as a deterrent to future rioters, it might also suggest to the public that the rioting is being prioritised over other serious offences, such as sexual abuse.
Mark Jones, a partner at Payne Hicks Beach law firm specialising in defence and investigations, said: “Such speed sends a clear deterrent message, as do the custodial sentences which have been imposed. The sentences imposed are clearly deterrent sentences and mark the seriousness with which the courts treat such conduct.
“However, prioritising these cases has an impact on those already in the system awaiting trial or sentence for other serious offences such as serious sexual offences, violence and more. It will add to the backlogs already in existence and inevitably see justice delayed.
“We do need to be careful about a message being delivered that speedy justice is only currently reserved for those facing disorder and riot related charges.
“We have seen a range of prosecutions, from those who actively took part in disorder to those who encouraged and directed it from inside their homes. So-called ‘keyboard warriors’ are being prosecuted and a clear message is being sent that online actions have real consequences.”
Ex-solicitor Robin Murray, former vice-chair of the Criminal Law Solicitors Association (CLSA), dealt with cases during the riots across England in 2011, and told Yahoo News UK: "This state and judicial backlash can be seen by the routine refusal of bail in circumstances where normally it might be granted, by the upgrading of charges from theft to burglary and ultimately by the severe sentences imposed.
"Where there is widespread public disorder, the courts will always take a deterrent approach in sentencing to nip such disorder in the bud."
