Affray

s.3Public Order Act 1986

Using or threatening unlawful violence towards another person, so that a person of reasonable firmness at the scene would fear for their personal safety.

Affray · Public Order Act 1986, s.3Card 41 / 85

Points to prove

Used or threatened unlawful violence
Towards another
The conduct was such as would cause a person of reasonable firmness present at the scene to fear for their personal safety
Mental element (s.6(2))Intended to use or threaten violence, or was aware that their conduct may be violent or threaten violence

Key definitions

Violence – s.8: any violent conduct. For affray it means violence towards persons only, not property.
Towards another – there must be a person present at the scene towards whom the violence is used or threatened (I v DPP 2001, House of Lords).
Person of reasonable firmness – a hypothetical bystander. No such person needs actually to be, or be likely to be, present (s.3(4)).
Threat – cannot be made by words alone (s.3(3)). There must be some conduct, such as a gesture or brandishing a weapon.
Intoxication – s.6(5): self-induced intoxication does not help the defendant on awareness.

Good to know

Where 2 or more people use or threaten violence, their conduct is considered together (s.3(2)).
Can be committed in private as well as in public places (s.3(5)).
On a trial on indictment, the jury may convict of the s.4 offence instead (s.7(3)).

Legislation: Public Order Act 1986, s.3 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 3 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)