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Affray

Public order — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Public order

Affray

Public Order Act 1986, s.3

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
3 years' custody

Actus reus

  • Use or threaten unlawful violence towards another, and the conduct is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety.
  • Where two or more persons, consider their conduct together. Threat cannot be made by words alone.

Mens rea

  • Intend to use or threaten violence, or be aware that conduct may be violent or threaten violence.

Defences

Self-defence / prevention of crime · No unlawful violence or threat · Conduct would not cause fear to person of reasonable firmness · Deny presence / participation

Sentencing Council

Sentencing Council guideline effective 1 January 2020. Offence range: fine to 2 years 9 months' custody.

View definitive guideline ↗

At the police station

Often charged for pub fights and street disorder where multiple people are involved. Distinguish from s.4 (directed at a person) and violent disorder (3+ using/threatening violence).

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Public order

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.