Affray (Section 3 Public Order Act 1986)

Affray is an offence under s.3 Public Order Act 1986. 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 (s.3(1)). Where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered (s.3(2)). A threat cannot be made by the use of words alone (s.3(3)). No person of reasonable firmness need actually be, or be likely to be, present at the scene (s.3(4)), and affray may be committed in private as well as in public places (s.3(5)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 3 years or a fine or both; on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both (s.3(7)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Officers should photograph injuries at the earliest opportunity and again after 24-48 hours (bruising develops). Domestic abuse cases require completion of a DASH risk assessment. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).