Affray
Date Updated: January 2012
Title: Public order
Offence: Affray
Legislation: Section 3 Public Order Act 1986
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 3 years
Aggravating and Mitigating Factors
Aggravating factors indicating higher culpability and greater degree of harm
- Group Action
- Threats
- Lengthy Incident
- Vulnerable persons present
- Injuries Caused
- Damage to property
- Weapons used/throwing objects
Factors indicating lower culpability
- Did not start trouble
- Provocation
- Stopped as soon as Police arrived
Relevant Sentencing Council Guideline (if any)
None
Relevant sentencing Guidelines (If any)
None
Relevant Sentencing Case Law
R v Fox and Hicks [2006] 1 Cr. App. R. (S) 17 CA
Football match. Opposing fans, threats, debris thrown. G pleas, albeit on first day of trial.
H, age 25 had relevant and very recent pre cons and was on bail at the time of the offence. He pleaded provocation.
F, aged 35 and a family man, was of good character and had participated to a lesser extent.
F was sentenced to 8 months and H to 12 months.
The case is also authority for the principle that although what an individual had himself done was relevant, it was simply part of the whole to which he was contributing.
Ancillary Orders:
- Compensation
- Banning Orders
- Asbos
Consider Also:
- This is a specified offence for the purpose of the public protection provisions in the Criminal Justice Act 2003
