In England and Wales, affray is a serious public order offence under the Public Order Act 1986. It involves the use or threat of unlawful violence that would cause a person of reasonable firmness present at the scene to fear for their personal safety.
If you are under investigation or facing charges for affray, it is vital to seek expert legal advice immediately. Call or WhatsApp 01162 555155 for urgent assistance.
What is the Offence of Affray?
Affray occurs when a person uses or threatens unlawful violence towards another, and their conduct would cause a reasonable person present at the scene to fear for their safety. Importantly, affray can occur even if there is no actual physical violence – a serious threat can be enough.
It can be committed by an individual acting alone or by several people acting together. Affray can take place in public or private settings, such as on the street, inside a pub, or even at a private house party.
Affray is classified as an either-way offence, meaning it can be dealt with either in the Magistrates’ Court or the Crown Court, depending on the seriousness of the incident.
Examples of Affray
To better understand the offence, here are some real-life examples where a charge of affray might arise:
Two men squaring up in a pub, shouting threats and swinging punches at each other while others watch and feel threatened. A person brandishing a weapon, such as a baseball bat or knife, in a threatening manner during an argument in a park. A heated road rage incident where one driver gets out of their car and aggressively threatens another driver in front of bystanders. A group chasing someone down the street while shouting threats of violence, even if no actual assault takes place.
In each example, the critical element is that an ordinary person witnessing the scene would fear for their personal safety.
How Affray Differs from Violent Disorder
While both affray and violent disorder fall under public order offences, they are distinct in important ways:
| Aspect | Affray | Violent Disorder |
| Number of people involved | Can be committed by one person alone | Requires three or more people acting together |
| Focus | Threats or use of unlawful violence causing fear | Actual or threatened violence by a group causing serious disruption |
| Public vs Private | Can occur in private places as well as public | Usually occurs in public or large gatherings |
| Fear caused to others | Key factor – would a bystander fear for their safety? | Key factor – does the group’s behaviour create significant fear and disorder? |
In short, affray can involve just one individual and focuses heavily on the impact on bystanders, whereas violent disorder requires a minimum of three participants acting together and causing more widespread fear or chaos.
Understanding this distinction is critical when facing charges, as the potential sentences and complexity of defence strategies differ between the two offences.
Penalties for Affray
The sentence for affray depends on the seriousness of the incident and the circumstances of the offence.
Potential penalties include:
- A fine
- A community order
- Imprisonment (up to three years in the Crown Court)
- The court will consider several factors when sentencing, including:
- The level of violence or threat used
- Whether weapons were involved
- The impact on bystanders or victims
- Any previous criminal history
Because the stakes are high, having expert criminal defence solicitors on your side is crucial.
Why Choose Sahota & Sahota Solicitors for Affray Defence?
At Sahota & Sahota Solicitors, we have years of experience successfully defending clients facing public order offences, including affray.
We are:
- Specialists in public order offences in both Magistrates’ Court and Crown Court
- Skilled at identifying weaknesses in the prosecution case and presenting strong legal arguments
- Available 24/7 for urgent police station representation
- Whether you are facing an allegation following a pub fight, road rage incident, or street confrontation, we will fight tirelessly to protect your rights and your future.
Recent Public Order Cases Handled
- Secured a full acquittal for a client charged with affray following a pub incident by challenging the credibility of the main witness.
- Achieved a suspended sentence for a client accused of affray after an incident in a restaurant
- Represented multiple clients charged with violent disorder, successfully reducing the charges to affray through robust negotiation.
Contact Sahota & Sahota Solicitors Today
If you or someone you know has been accused of affray, early expert advice can make all the difference to the outcome of your case.
Call or WhatsApp us on 01162 555155 for immediate legal advice and representation.
Visit us at: Sahota & Sahota Solicitors, 25 New Walk, Leicester, LE1 6TE.
We are here to defend your reputation, protect your rights, and fight for the best possible result.
