[5] The preamble makes reference to "many rebellious riots and tumults [that] have been [taking place of late] in diverse parts of this kingdom", adding that those involved "presum[e] so to do, for that the punishments provided by the laws now in being are not adequate to such heinous offences".
[5] The act created a mechanism for certain local officials to make a proclamation ordering the dispersal of any group of twelve or more people who were "unlawfully, riotously, and tumultuously assembled together".
If the group failed to disperse within one hour, then anyone remaining gathered was guilty of a felony without benefit of clergy, punishable by death.
[5] The proclamation could be made in an incorporated town or city by the mayor, bailiff or "other head officer", or a justice of the peace.
It had to be read out to the gathering concerned and had to follow precise wording detailed in the act; several convictions were overturned because parts of the proclamation had been omitted, in particular "God save the King".
God save the King.In a number of jurisdictions, such as Britain, Canada and New Zealand, wording such as this was enshrined and codified in the law itself.
While the expression "reading the Riot Act" is cemented in common idiom with its figurative usage, it originated fairly and squarely in statute itself.
[11] In the 1768 massacre of St George's Fields, large numbers of subjects gathered outside King's Bench Prison in Southwark, south London, to protest against the incarceration of John Wilkes.
[11] The provision pertaining to the use of force can be found in section 3 of the Riot Act: ... and that if the persons so unlawfully, riotously and tumultuously assembled, or any of them, shall happen to be killed, maimed or hurt, in the dispersing, seizing or apprehending, or endeavouring to disperse, seize or apprehend them, that then every such justice of the peace, sheriff, under-sheriff, mayor, bailiff, head-officer, high or petty constable, or other peace-officer, and all and singular persons, being aiding and assisting to them, or any of them, shall be free, discharged and indemnified, as well against the King's majesty, his heirs and successors, as against all and every other person or persons so unlawfully, riotously and tumultuously assembled, that shall happen to be so killed, maimed or hurt, as aforesaid.There was also confusion regarding the use of troops as it pertained to the one-hour mark.
Lieutenant-Governor Sir Francis Bond Head and his administrators read the act during the Upper Canada Rebellion of 1837.
[19][20] In many common-law jurisdictions, a lesser disturbance such as an affray or an unruly gathering may be deemed an unlawful assembly by the local authorities and ordered to disperse.
For example, in Victoria the Unlawful Assemblies and Processions Act 1958 allowed a magistrate to disperse a crowd with the words (or words to the effect of): Our sovereign lady the Queen doth strictly charge and command all manner of persons here assembled immediately to disperse themselves and peaceably depart to their own homes.
The provisions are formed in sections 231, 246 and 247 of the country's criminal code, providing particularly that: Any magistrate, or in the absence of any magistrate any commissioned officer in Her Majesty's naval, military or air force service or any police officer above the rank of inspector, in whose view a riot is being committed, or who apprehends that a riot is about to be committed by persons being assembled within his view, may make or cause to be made a proclamation in the Queen's name, in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably.Any person who does not disperse within one hour of the proclamation being read is liable to receive a maximum penalty of five years imprisonment.
[25] When twelve or more persons are "unlawfully and riotously assembled together", the proclamation can be read by a number of public officials, such as justices of the peace, provincial court judges, mayors, and sheriffs.
Unlike the original Riot Act, the Criminal Code requires the assembled people to disperse within thirty minutes.
The proclamation was read during the Winnipeg general strike of 1919[30] and the 1958 riot over racial discrimination against First Nations in Prince Rupert, British Columbia.
In St Kitts on 29 January 1935 the act was read at Buckley's Estate[34] located on the western outskirts of Basseterre during a strike of sugar workers that turned violent.
[35] In St Vincent on 21 October 1935 the act was read in Kingstown during a violent protest by unemployed sugar workers.
The proclamation was worded as follows: Her Majesty the Queen commands all of you to disperse immediately and to go quietly to your homes or to your lawful business, upon pain of being charged with an offence punishable by imprisonment for five years.