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What are affray charges?
Affray is another word for what is commonly known as a fight. It must involve two or more people, must occur in a public place, and must cause terror to the other people in public for it to be affray. It is a criminal act that could result in an offender being arrested and facing criminal charges.
What exactly is affray?
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of one or more persons in a public place to the terror (in French: à l’effroi) of ordinary people.
How do you prove affray?
To prove the charge of affray, the prosecution must show that the accused was ‘involved in the unlawful use of force in such circumstances that a bystander of reasonable firmness and courage might reasonably expect to be terrified’.
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.
Is affray a serious offence?
The most serious public order offence that can be committed by someone acting alone is affray. If you are accused of affray, the prosecution must prove that you have used or threatened unlawful violence against another person, and that if a reasonable person saw your behaviour they would fear for their personal safety.
How serious is affray charge UK?
The Crown Prosecution Service states those found guilty of the highest degree of affray can face three years’ imprisonment, or an unlimited fine. If a judge finds the person(s) guilty, but the act was less severe, they can face up to six years’ imprisonment, or a “category 5” fine of up to £5000.
Is affray a serious Offence?
Does affray stay on your record?
Affray is permanently disclosable as it is on a list of offences that will never be removed from a Disclosure and Barring Service (DBS) check. Due to the caution, the client was having serious difficulties in securing teaching roles.
Can you get a caution for affray?
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.
Can you be jailed 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.