What does it mean to be charged with affray?
What does it mean to be charged with affray?
By definition in common law, affray is an offence which is “a breach of the peace”. If a person is charged with affray, then they have committed or threatened an act of violence which has threatened an individual or a group’s safety.
Is a caution for affray serious?
A Conviction or Caution for Affray is considered a much more serious offence, than say a minor punch up where a person could be charged or Cautioned for Common Law Assault.
What is worse affray or assault?
Affray is usually considered more serious than common assault and carries heavier penalties. The main difference between assault and affray is that other people fear for their safety. If you are charged with affray, you will have to go to Court.
What is the sentence for affray?
A person guilty of affray is liable on conviction on indictment to imprisonment for a term not exceeding 3 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.
How do I get out of affray charge?
Possible Defences For Affray
- Self-Defence. In most matters involving a personal violence offence, self-defence is an available defence.
- Duress.
- Conditional Release Order.
- Community Correction Order.
- Intensive Correction Order.
- Full Time Imprisonment.
- Book A Free Consultation For An Affray Charge.
How serious is affray in UK?
What are the penalties for Affray? The maximum penalty on conviction on indictment is 3 years’ imprisonment and/or a fine of unlimited amount. On summary conviction the maximum penalty is 6 months’ imprisonment and/or a fine not exceeding level 5.
How do I get off affray charge?
How do I get off affray charge UK?
Is affray a serious offence UK?
Associated with sports events, concerts and protests, affray is quite a serious offence in the UK. Defined as a group fighting in a public place that disturbs the peace, the definition of an affray has been changed to also include threats of violence from one group of people to another.
What evidence do CPS need to charge?
The evidence they gather includes documentary, physical, photographic and other forensic evidence and not just witness testimony. The police arrest and interview suspects. All of this produces a file which when complete the police send to the Crown Prosecution Service (CPS) for review and a decision on prosecuting.
Can the CPS drop charges?
In some cases, it may be possible to negotiate with the Crown Prosecution Service (CPS) for you to accept a lesser charge, avoiding the need for a trial. But, as you might expect, the CPS are not likely to drop charges unless they have a compelling reason to do so.
What is affray and how is it defined?
Affray is now a statutory offence that is triable either way. It is created by section 3 of the Public Order Act 1986 which provides: (1) A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
When is a person guilty of affray?
(1) A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
What is the law of affray in the UK?
England and Wales. It is created by section 3 of the Public Order Act 1986 which provides: (1) A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
What to do if you are arrested on suspicion of affray?
If you are arrested on suspicion of affray, we can represent you at the police station during an interview. If you’ve already consulted the duty solicitor at the police station, you can then proceed to instruct a criminal defence solicitor from Lawtons to assist you.
