Affray


Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert
Practice notes

Affray


Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert

Practice notes
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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 affray

The prosecution must prove that:

  1. •

    a person intentionally

  2. •

    uses or threatens unlawful violence towards another, or

  3. •

    is aware that their conduct may be violent or threatening towards another, and

  4. •

    a person of reasonable firmness present at the scene would fear for their safety

Where 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

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Affray definition
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.

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