- 3-5 years imprisonment
- Acting in self-defence
A person commits the offence of affray if they use, or threaten to use, unlawful violence towards another and their conduct would cause a person of reasonable firmness present at the scene to fear for their personal safety.
Affray is an offence against section 83C of the Criminal Law Consolidation Act 1935. Affray may be committed in a private or public place.
Affray may be committed by one person acting alone, however, if two or more persons are involved it is their conduct taken together that will be considered in determining its effect on a person. Further, the offence will be an aggravated offence when committed in company.
For the purposes of this offence a threat must be actual conduct – the use of words alone is not sufficient. Further, no person need actually be, or be likely to be, present at the scene.
An example of affray is a fight between two or more people with a level of violence that causes an innocent bystander to fear (not just be concerned) for their safety.
Our experienced criminal lawyers at Caldicott Lawyers are experts in all criminal matters, including the offence of affray.
It may be a defence to a charge if you were:
The requirement that the violence be unlawful indicates that self-defence may be raised in relation to an offence of affray.
The prosecution must prove that:
Come and see the professional team at Caldicott Lawyers for assistance in your affray matter.
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