Affray 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.

The police and prosecution often charge suspects with the offence of affray after they have been involved in a violent offence in a public place.  The charge of affray is not always appropriate though, because in many of these cases it is a “one on one” incident, and any innocent bystander who was present would not be scared that they were at risk.

The offence of affray is an either way offence, which means that it can be heard in either the Magistrates Court or Crown Court.  The maximum sentence available at the Crown Court is 3 years imprisonment, and the courts frequently hand down lengthy prison sentences for people convicted of Affray.

As the offence is so serious, it is important that you are represented by a solicitor who can consider the strength of the argument against you and fully prepare your case for Trial.

The solicitors of Spartans Law have dealt with many affray cases, and have represented clients who have accepted that they were acting aggressively but denied that a reasonable bystander would be scared by their actions.