Mobbing (Scots law)

Mobbing (Scots law)

Scots law
Royal Coat of Arms in Scotland
This article is part of the series:
Law of Scotland

Under the law of Scotland, mobbing, also known as mobbing and rioting, is the formation of a mob engaged in disorderly and criminal behaviour. The crime occurs when a group combines to the alarm of the public "for an illegal purpose, or in order to carry out a legal purpose by illegal means, e.g. violence or intimidation".[1] This common purpose distinguishes it from a breach of the peace.


In HM Advocate v Robertson (1842) 1 Broun 152, at 192 to 193, Hope L.J.-C. said in his direction to the jury:

An illegal mob is any assemblage of people, acting together for a common and illegal purpose, effecting, or attempting to effect their purpose, either by violence, or by demonstration of force or numbers, or by a species of intimidation, impediment, or obstruction, calculated to effect their object.

He went on to say:

It is not necessary that the purpose or object of the mob should have been previously concerted, or that they should be brought together and congregated with the view previously formed of effecting the object subsequently attempted. It is enough, that after they have been so assembled and brought together, finding their numbers, and ascertaining a common feeling, they then act in concert, and take up and resolve to effect common purpose. There must, however, be a common purpose and object, for which they are combined and acting in concert, after they are congregated and operating as such throughout the acts alleged to be acts of mobbing. That object or purpose must be unlawful.

These passages were approved by the High Court, as an accurate statement of the law, in Hancock and others v HM Advocate 1981 SCCR 32.

Compensation for riot damage

See section 10 of the Riotous Assemblies (Scotland) Act 1822 and section 235 of the Merchant Shipping Act 1995.


  1. ^ Index of legal terms and offences libelled - The National Archives of Scotland

Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Scots law — Scotland This article is part of the series: Politics and government of Scotland …   Wikipedia

  • Mobbing — This article is about mobbing in relation to human bullying behaviour. For mobbing as an antipredatory animal behaviour, see Mobbing (animal behavior). For mobbing as a crime in Scots law, see Mobbing (Scots law). Mobbing in the context of human… …   Wikipedia

  • mobbing — in Scots criminal law, the crime that is committed when people gather together intent on a common purpose that is to be effected illegally, which causes alarm to the public or part of it. A series of unconnected and fortuitous events does not… …   Law dictionary

  • Scottish criminal law — Scots Criminal Law governs the rules of criminal law in Scotland. Scottish criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape …   Wikipedia

  • Mob — may refer to: A crowd (of people, from Latin mobile vulgus fickle commoners : An angry mob; see Ochlocracy A criminal gang In American English, organized crime; slang for Mafia or American Mafia Mobbing, human bullying behaviour Animal mobbing… …   Wikipedia

  • Defamation — This article is about the malicious statement. For the 2009 film, see Defamation (film). Libel and Slander redirect here. For other uses, see Libel (disambiguation) and Slander (disambiguation). Vilification and Calumny redirect here. For the… …   Wikipedia

  • Suicide of Nicola Ann Raphael — Nicola Ann Raphael Nicola Ann Raphael Born Nicola Ann Raphael September 10, 1985(1985 09 10) Glasgow, Scotland, U.K. Died June …   Wikipedia

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.