Is affray classed as violence?
Is affray classed as violence?
A person will only be guilty of affray if the person intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence. The maximum penalty for an offence of affray contrary to section 93C is a period of imprisonment of 10 years.
Does affray stay on your record?
As a result, a Caution or Conviction for Affray will not be filtered off criminal records certificates as a charge of Common Law Assault would be, and, anyone arrested for Affray should seek suitable legal advice either to defend this allegation, or perhaps to negotiate a lesser charge.
What is the sentence for affray?
Affray. An offence under section 3 is triable either way. 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.
Can a person be charged with affray if there is no fight?
In other words, you could be charged with affray even if no one is even there to fear for his or her safety! Police will often charge Affray in circumstances where you participate in a fight involving numerous people.
Can a person of reasonable firmness be charged with affray?
It is important to note that the person of reasonable firmness need not be actually present at the scene. In other words, you could be charged with affray even if no one is even there to fear for his or her safety! Police will often charge Affray in circumstances where you participate in a fight involving numerous people.
What is the definition of an affray charge?
Let’s start with the definition of an affray that is classified as a breach of peace and is a result of disorderly conduct. In more simple words, this charge is used to deal with incidents where the police allege that violence has been used or that you have threatened causing others to fear for their safety.
Where does the offence of affray come from?
This offence is a common law offence, which means it can not be found in legislation. The law that surrounds this offence comes from case law, sometimes referred to as judge made law. Affray by legal definition is an indictable offence, which means that it is triable by a judge and jury in the County or Supreme Court.