Affray Definition

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GLOSSARY

What does Affray mean?

Affray is the use or threat of violence to another which would cause a normal person present at the scene to fear for his personal safety.

'A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct would cause a person of reasonable firmness present at the scene to fear for his personal safety': Public Order Act 1986, s 3. For the above purpose: where two or more persons use or threaten violence it is the effect of their combined conduct which must be considered; a threat cannot be made by words alone; no person of reasonable firmness need actually be, or be likely to be, present at the scene; and affray can be committed in private as well as in public: POA 1986, s 3(2)–(5).

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Affray

Affray is an offence created by section 3 of the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The magistrates’ court may decline jurisdiction where, for example, cases involve a weapon/throwing objects, or conduct that causes serious injury.Elements of the offence of affrayThe prosecution must prove that:•a person intentionally•uses or threatens unlawful violence towards another, or•is aware that their conduct may be violent or threatening towards another, and•a person of reasonable firmness present at the scene would fear for their safetyWhere a group of people (ie two or more persons) use or threaten unlawful violence, it is the conduct of them taken together which is to be considered for establishing whether an offence has been committed. In Dragjoshi v Croydon Magistrates’ Court, the Appellant appealed his conviction by way of case stated, challenging whether it was open to the court to convict him in the absence of any reliable identification evidence, particularly where there was accepted evidence that there were...

Riot

Riot Section 1 of the Public Order Act 1986 (POA 1986) creates the offence of riot. It is triable only on indictment in the Crown Court. Proceedings for riot or incitement to riot can only be commenced by, or with the consent of, the Director of Public Prosecutions. Elements of the offence of riot Under POA 1986, s 1 the prosecution must prove that: • 12 or more persons • present together • used or threatened unlawful violence for a common purpose, and • the conduct was such as would cause a person of reasonable firmness present at the scene to fear for their personal safety, and • each defendant used unlawful violence, and • intended to use such violence for the common purpose, or • was aware that their conduct may be violent Unlawful violence 'Violence' is defined in POA 1986 to mean any violent conduct. The definition specifically includes violence against property as well as violent conduct towards people. Twelve or more persons and common purpose There...

Discover our 5 Practice Notes on Affray

Five years after the London riots—reflecting on sentencing and prosecution practice

Crime analysis: Jude Lanchin, senior associate at Bindmans LLP, reflects on and looks back at the riots that took place in England in 2011, and assesses the criticisms concerning the sentences imposed and the right to bail, and how the government and criminal justice system responded in general.

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