Affray is an offence defined under Section 3, Public Order Act 1986, as ‘use or threat of unlawful violence towards another in a public place which is such that causes a person of reasonable firmness to fear for their safety’. An offence of affray is committed when 2 or more persons use or threaten unlawful violence. It is an offence that is capable of being committed in private as well as public spaces and there need not necessarily be another person present when the incident takes place. The legal test is whether a “hypothetical bystander” of “reasonable firmness” would fear for their safety.
Example of Affray
A professional rugby league player was fined £1,000 after pleading guilty to affray. The circumstances of the incident are that he, along with two others, was involved in a fight with bar staff and displayed acts of violence through grabbing, pushing and punching. A member of the Wetherspoon’s staff was hospitalised.
What are the legal consequences?
Affray is considered a serious offence in England and Wales and consequences are reflected in the sentencing guidelines:
- Maximum sentence of 3 years’ custody
- Offence range of a fine – 2 years 9 months’ custody
Determining the offence category:
Many factors are taken into account to determine the severity of the punishment.
Determining the sentence that will be passed is based upon two main factors: culpability and harm. Culpability is assessed by considering the defendant’s intent, recklessness, or negligence in committing the offence, which can assist the Court with determining how responsible they are for the offending. Harm is evaluated based on the severity and impact of the offence, with greater harm often leading to a more severe sentence.
Defences for Affray
Defending against accusations of affray can be difficult, with the help of an expert solicitor you can potentially argue:
- Self-defence
- No threat or violence
- No fear for safety
Your solicitor will look through the evidence against you and establish the best course of action for you to take. Our criminal defence solicitors can also join you at police interviews to advise you on giving evidence to the police and ensure a fair and just process.
How we can help
While there are similarities to other offences, affray is distinguished by its focus on public perception rather than direct harm to an individual.
If charges are being brought against you for affray, or you have been asked to attend a police interview, contact our solicitors for tailored, expert advice by filling out our online contact form, or call 03330 606 026.