Affray
Affray
s.3 Public Order Act 1986
Public Order
⚖️ Definition
(1) A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
(2) Where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).
(3) For the purposes of this section a threat cannot be made by the use of words alone.
(4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5) Affray may be committed in private as well as in public places.
(2) Where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).
(3) For the purposes of this section a threat cannot be made by the use of words alone.
(4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5) Affray may be committed in private as well as in public places.
📋 Points to Prove
- A person to use or threaten unlawful violence towards another
- And his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety
- And his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety
⚖️ Powers & Punishment
A person guilty of affray is liable on conviction on indictment to imprisonment for a term not exceeding 3 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both
⚖️ Offence Type
Summary
Either Way
Indictable
📄 Charging Codes
PU86003
📁 Crime Recording
PNC Recordable
Crime Report Required