Public order
Affray
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.
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.
- Statute:Public Order Act 1986, s.3 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Public order offences (charging standard) ↗