Just a little fight....Affray

What could start out as a disagreement between two people could result in your arrest and ultimately a criminal conviction. In recent months even England Cricketer Ben Stokes has found himself charged with affray following an incident outside a Bristol nightclub and will now face trial in August this year at Bristol Crown Court during the height of the cricket season.

What is an affray?

Under s3(1) of the Public Order Act 1986 a person is guilty of affray if they use or threaten unlawful violence towards another such as would cause a person of reasonable firmness present at the scene to fear for their personal safety.

The law on affray stipulates that a threat cannot be made by the use of words alone and does not require that a person of reasonable firmness be present at the scene. An affray can be committed in private as well a public places.

What sentence can you receive for an affray?

The maximum sentence which can be imposed by the Magistrates’ Court for an affray is one of 6 months or a fine, or both, however at the Crown Court the maximum sentence is three years imprisonment or a fine, or both.

How Johnson Astills can help you

At Johnson Astills our specialist advocates in our criminal defence team are highly experienced in dealing with public order act offences at both the Magistrates’ and Crown Court. If you find yourself facing an allegation or charge of affray, or any other Public Order Act offence, it is vital to contact a Solicitor as soon as possible to obtain specialist advice regarding what can potentially be a very serious charge. Representation at the police station is free, and legal aid may be available for your case at the Magistrates’ and Crown Court. To discuss any public order offences please contact our criminal defence team in Leicester on 0116 2554855 or in Loughborough on 01509 610312.