Affray is considered a criminal act under Section 3 of the Public Order Offences Act 1986. It is considered affray if a person uses or threatens to use violence against another and that his conduct would cause a person of reasonable firmness to fear for his safety.
The significance of affray is that there has to have been some act carried out by the accused. Words and threats by themselves are not enough for the prosecution to prove the offence.
The actual wording of the Public Order Offences Act means that the offence of affray may be conducted in public but also in private.
Affray is seen by the courts in a serious light and it is usually the Crown Court that would hear such cases. In the event that the defendant is convicted after trial, the courts have a number of sentencing options open to them, including custody.
If you, or somebody you know, has been accused of causing affray or with any other public order offence then contact Freeman & Co Solicitors today to discuss your case and to start forming your defence.
Maximum when tried summarily: Level 5 fine and/or 6 months custody
Maximum when tried on indictment: 3 years
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