The Law on Affray and Available Defences
Affray is a serious public order offence under Section 3 of the Public Order Act 1986. It occurs when a person uses or threatens unlawful violence towards another, and their conduct would cause a reasonable person to fear for their safety. Affray can take place in both public and private settings and often involves violent confrontations in public spaces like streets, pubs, or sporting events. At Allen Hoole Solicitors, we have extensive experience in defending individuals charged with affray. Our large team of highly skilled solicitor advocates and access to specialist barristers ensures that we provide the best possible defence for our clients.
Legal Definition of Affray
Under Section 3 of the Public Order Act 1986, affray is defined as:
- Unlawful violence used or threatened by one person against another.
- The act must be such that a reasonable person who witnessed the incident would fear for their safety.
- It can occur in both public and private places, including homes.
Unlike other public order offences, such as riot or violent disorder, affray does not require a group; a single individual can be charged with the offence. The law focuses on the impact of the violent conduct on bystanders or individuals who could be present at the scene.
Affray is treated seriously by the courts due to its potential to escalate into larger disturbances and cause widespread public harm. Penalties for affray can range from a fine to up to three years in prison, depending on the severity of the violence and the circumstances of the offence.
Available Defences for Affray
At Allen Hoole Solicitors, we explore every possible avenue for defence to ensure the best outcome for our clients. Some common defences include:
Self-Defence
One of the most frequently used defences in affray cases is self-defence. If the accused can demonstrate that they were acting to protect themselves or another person from an immediate threat of violence, this can be a valid defence. However, the force used in self-defence must be proportionate to the threat posed. For example, using a minor degree of force to prevent an assault may be justified, but excessive retaliation may not be deemed proportionate.
Lack of Intention to Cause Fear
The prosecution must prove that the defendant intended to use or threaten unlawful violence. If the accused’s actions were misinterpreted or not intended to cause fear, this can form a defence. For instance, if someone was involved in a heated argument but did not engage in actual violent behaviour or threaten violence, they may not meet the threshold for affray.
No Reasonable Person Would Fear Violence
The law requires that a reasonable bystander would fear for their safety if they witnessed the incident. If it can be shown that the alleged behaviour would not have caused fear in a reasonable person, this could be a strong defence. For example, a verbal argument without physical threats or acts of violence may not meet the legal criteria for affray.
Mistaken Identity
In crowded settings like protests or public gatherings, it is common for individuals to be wrongly identified as participants in violence. If the accused was not present or did not engage in the violent conduct, mistaken identity can be used as a defence. We carefully examine CCTV footage, witness statements, and police reports to establish whether the defendant was correctly identified.
Duress
In some cases, defendants may argue that they committed the act of violence under duress—for example, if they were coerced or threatened into participating in the violent conduct. If the court accepts that the defendant had no choice but to act under threat, this can provide a defence.
Allen Hoole Solicitors’ Expertise in Affray Cases
At Allen Hoole Solicitors, we have successfully defended numerous clients accused of affray, including those involved in protests, sporting events, and other public disturbances. Our position as one of the largest criminal defence firms in the South West of England allows us to bring significant resources to each case, ensuring that no detail is overlooked.
We regularly work with forensic experts, witnesses, and the best barristers in the country to provide a comprehensive defence strategy. Whether challenging the evidence, questioning police procedure, or demonstrating a lack of intent, we work tirelessly to secure the best possible outcome for our clients.
Why Choose Allen Hoole Solicitors?
With decades of experience and a large team of experienced solicitor advocates, Allen Hoole Solicitors provides unmatched expertise in affray and other public order offences. Our in-depth knowledge of the law and our strong relationships with leading barristers give us a significant advantage when defending clients.
If you or someone you know has been charged with affray, contact Allen Hoole Solicitors today. We are available 24/7 to provide expert legal advice and representation, ensuring your rights are protected throughout the legal process.