JD Spicer Zeb Solicitors Banner Image

Useful Information

  • Home
  • Useful Information
  • Crime/Fraud
Services
People
News and Events
Other
Blogs

What is affray in the UK?

  • Posted

There is often some confusion over how to define affray , and what will happen to anyone who is charged with affray.

While affray is less common than actual assault charges, the potential sentences can still be serious. In some cases, being arrested for affray can even lead to a period of imprisonment.

We define affray and discuss the offence in detail below, including what actions can amount to affray, what the current sentencing guidelines for affray look like.

While we hope this information is useful, please note, it should not be taken as legal advice. If you need legal support with an affray charge, then please get in touch and our team can advise you.

What is affray?

Affray is a public order offence. Under Section 3 of the Public Order Act 1986, the definition of affray is using or threatening unlawful violence such as would cause a person of reasonable firmness present at the scene to fear for their personal safety. It will usually involve any type of disturbance which involves unlawful violence or the threat of violence.

Affray is a physical act, rather than a verbal one. Mere threats of violence do not fulfil the affray definition when taken in isolation.

It is important to note that the offence centres around the disturbance of the public peace, rather than directly against the individual (as with assault charges such as common assault, ABH and GBH).

If two or more people are involved in an act of violence, or threaten violence against one another, the conduct of both will be taken into consideration if affray charges are brought forward.

What is an example of an affray?

There are many different acts which fulfil the definition of affray in law. While by no means an exhaustive list, examples of causing affray could include:

  • Fighting in public
  • Causing a serious disturbance in a private place
  • Participating in a violent protest
  • Setting off fireworks in a public place causing fear of violence
  • Using a weapon to inflict violence by threats or brandishing
  • Wielding a weapon in a manner likely to cause fear for the public
  • Objects thrown indiscriminately at a crowd

We are instructed in affray cases following fights between families, friends or groups of people following drink or drug consumption.

Anyone who is facing an affray charge must have intended to use or threaten violence, or have been aware that their conduct would have been violent.

How serious is affray?

It is a serious offence, particularly when you consider what the sentencing guidelines for affray are. Even where you are charged with affray as a first offence, you could still face a wide range of penalties.

The punishment for affray could have a major impact on your life and livelihood, which highlights the importance of having experienced legal counsel on your side when you are charged with affray.

Defences to affray charges

There are various potential defences to affray charges, including:

  • Self-defence – if you can show that you were acting in self-defence only.
    • The four basic situations where you can use self-defence are:
      • Protecting yourself from the potential for harm by another.
      • Protecting someone else from the potential for harm by another.
      • Preventing someone from carrying out a crime e.g. burglary.
      • Where you have to use force to restrain or otherwise facilitate an arrest of apprehension of an offender.
  • Factual dispute - Sometimes the facts simply cannot prove that you were a participant in the affray but were merely the victim or innocent bystander or tried to break it all up.

What are the affray sentencing guidelines?

The sentence for affray is determined by an alleged offender’s perceived culpability and the harm caused.

Culpability is divided into three categories:

  • Culpability A
  • Culpability B
  • Culpability C

One or more of the following are demonstrated for Culpability A:

  • Targeting of individual(s) by a group
  • Use of a weapon to inflict violence
  • Use of serious or sustained violence
  • Intention to cause fear of very serious violence

One or more of the following are demonstrated for Culpability B:

  • Threat of violence by any weapon (whether or not produced)
  • Threat or use of violence falling between levels in categories A and C

One or more of the following are demonstrated for Culpability C:

  • Threat or use of minimal violence
  • The offender acted in self-defence or in fear of violence (where not amounting to a defence)

Harm is also divided into three categories:

  • Category 1
  • Category 2
  • Category 3

Category 1 harm will involve:

  • Serious physical injury to others
  • Serious fear/distress caused

Category 2 harm will involve:

  • Harm falling between categories 1 and 3

Category 3 harm will involve:

  • Little or no physical injury to others
  • Some fear/distress caused

With these affray sentencing guidelines in mind, it stands to reason that someone charged with affray would be liable to face more serious penalties where both the category of harm and culpability is higher.

What is the maximum affray sentence?

The sentencing guidelines for affray indicate that the maximum sentence for affray is three years imprisonment.

The sentence range for affray is between a fine and two years nine months’ custody.

Can you be cautioned for affray?

Yes, you could be cautioned for causing affray. Often, instead of being charged with affray as a first offence, cautions will be handed out to first-time offenders exceptionally if the police can be persuaded.

To receive a caution for affray, you must admit to the offence and agree to accept the caution.

While cautions are not the same as a conviction, they are still formal records of an offence and are likely to be taken into consideration if you are charged with another offence in the future. Cautions do not have a fixed expiration date and will be considered part of a person’s permanent criminal record.

Can affray charges be dropped?

Yes, it is possible for affray charges to be dropped. However, for affray charges to be dropped, a strong legal defence will need to be mounted, particularly where there is evidence which suggest that the affray took place, such as CCTV evidence or witness testimony. If there are exceptional reasons, the police or prosecution may be persuaded to drop the charges based on your personal circumstances or various other factors.

Information on how to get the CPS to drop charges can be found here.

How to get off an affray charge?

If you have been arrested for affray, avoiding a charge will no doubt be an important priority. The most effective way of avoiding an affray charge will be to instruct our expert criminal defence solicitors, who will be able to build the strongest possible defence against the allegations you are facing.

How long does affray last?

There are certain offences, including affray, which are never removed from Disclosure and Barring Service checks. This means that a caution or conviction for affray will be stored on file permanently, which could have a serious impact on your job prospects in the future.

Is affray worse than ABH?

Affray and ABH are entirely separate offences which means that is not really possible to say whether one is ‘worse’ than the other. The maximum sentence for ABH is higher than affray, but the general offence range is similar between the two.

The sentence that is handed out for either offence will also depend on a wide range of external and statutory factors.

How many people need to be involved in an affray charge?

Only one person uses, or threatens to use, violence in an affray charge. For affray to be committed, the violence needs to cause a  person to fear for their safety.

What is the difference between an affray, violent disorder and riot?

While there are some similarities between affray, violent disorder and riot, the three are completely different from one another.

Violent disorder involves three or more people together using, or threatening, unlawful violence, while a riot is defined as twelve or more people present together who use or threatened to use, unlawful violence for a common purpose. In both cases, the conduct described in the offences is enough to cause a present person of ‘reasonable firmness’ to fear for their personal safety.

The penalties for violent disorder and riot are more serious than for affray. The maximum penalty for a riot is ten years and the possibility of an unlimited fine.

Credit for guilty plea

In short, where a guilty plea is indicated at the first stage of proceedings, you could receive a reduction from 1/3 of an affray conviction.

More information regarding the potential outcomes for indicating a guilty plea can be found here.

What should you do if you are facing an affray charge?

If you have been arrested for affray, or are under investigation, it is extremely important that you arrange for an expert criminal defence solicitor to advise and represent you. Sentences for affray can include imprisonment in some cases, and this eventuality will be more likely without having the right advice on your side.

When you are arrested for affray it is vital that you understand what your case is likely to involve and what actions could undermine your legal defence.

Many people mistakenly assume that speaking to a solicitor will work against them in the long run as it will signify their guilt in some way. This will never be the case. Regardless of your individual circumstances and the type of assault charges you are facing, speaking to a solicitor at an early stage can make all the difference when it comes to avoiding charges, or having charges reduced where affray conviction is unavoidable.

At JD Spicer Zeb, our experienced team of criminal defence solicitors have substantial expertise in defending individuals who are accused of affray. As such, we are perfectly positioned to advise you on the defence strategies that will be available if you have been arrested for affray.

Related matters

We also provide support and guidance on various matters that are related to affray, including:

Related cases

Fees and funding

We always be open and transparent about the fees involved in your case.

If you need to attend court in relation to an allegation of affray, legal aid public funding may become available. Whether or not this is the case will depend on whether the grant of public funding is justified.

Where you do not qualify for legal aid public funding, the alternative option is to fund the case on a private basis.

To find out more about the way we handle fees (both legal aid public funding and private fees), please use the links provided below:

Contact our affray solicitors today

For urgent specialist advice, immediate representation or to speak to us confidentially about affray or any other serious crime case, please do not hesitate to contact our dedicated team of criminal defence lawyers in London, Birmingham and Manchester by telephone:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form and we will get back to you as soon as possible.

24/7 legal representation for affray offences

For immediate representation and advice, you can contact our emergency number 07836 577556 and we will provide you with the urgent assistance you need.