Can anyone explain what the charge of affray means.?

Question

The term affray doesn't sound serious enough for someone that attacks another, and has a weapon they obviously have taken with them for the purpose of hurting or the least frightening them.

Thank you all for your answers. To cgiv76 it is a case of a chap trying to strangle their wife who he had left a time ago and threatening her and others near with a very large sword that he had taken with him from his own house, in front of his very young children

Answer 1

Being in an "affray" or being in a "fight" is the same thing!

noun
1. a public fight; a noisy quarrel; brawl.
2. Law. the fighting of two or more persons in a public place

Answer 2

An offence under section 3 is triable either way, i.e. either in the Crown Court or the Magistrates' Court. The maximum penalty on conviction on indictment is three years' imprisonment and/or a fine of unlimited amount. On summary conviction the maximum penalty is six months' imprisonment and/or a fine not exceeding level 5 (the maximum available to the magistrates to impose).

Under section 3 of the Act, it must be proved that a person has used or threatened:

unlawful violence
towards another
and his conduct is such as would cause
a person of reasonable firmness
present at the scene
to fear for his personal safety.
The seriousness of the offence lies in the effect that the behaviour of the accused has on members of the public who may have been put in fear. There must be some conduct, beyond the use of words, which is threatening and directed towards a person or persons. Mere words are not enough. Violent conduct towards property alone is not sufficient for the purposes of an offence under section 3.
The offence may be committed in a public or private place.

The notional bystander test is explained in the case of (R v Sanchez [1996] Crim. L.R. 572CA), and asserts that the hypothetical bystander, rather than the victim, must be put in fear for his or her personal safety. Apart from the hypothetical bystander, there must be present a "victim" against whom the violence is to be directed (I & Others v DPP (2002) 1 AC 285 HL).

In practice only very serious offences of indiscriminate violence will be committed for trial at the Crown Court, as the CPS always have a keen eye on saving money, and wll normally drop the charge to the less serious s. 4 offence (threatening words and behaviour). Examples of the type of conduct appropriate for a charge of affray include:

A fight between two or more people in a place where members of the general public are present (for example in a public house, discotheque, restaurant or street) with a level of violence such as would put them in substantial fear (as opposed to passing concern) for their safety (even though the fighting is not directed towards them);
Indiscriminate throwing of objects directed towards a group of people in circumstances where serious injury is or is likely to be caused;
The wielding of a weapon of a type or in a manner likely to cause people substantial fear for their safety or a person armed with a weapon who, when approached by police officers, brandishes the weapon and threatens to use it against them.

Answer 3

A person is guilty of Affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
Where two or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purpose of subsection (1)
For the purposes of this section a threat can not be made by the use of words alone.
No person of reasonable firmness need actually be, or be likely to be, present at the scene.
Affray may be committed in private as well as in public places.

Answer 4

It is an "affray" if you use or threaten violence to somebody else in such a way that a person of reasonable firmness would fear for his or her personal safety.
Street fighting, with or without weapons or missiles, is an affray. It can be tried in the Crown Court or the Magistrates' Court. The maximum penalty is three years' imprisonment.

Answer 5

Someone likes to use the dictionary, and your right. That term should only be used in regards to disorderly conduct. Next time, state all the facts.

Answer 6

It is most likely that he will join the squad, as he is one of the star players of liverpool, and even more importantly, the liverpool captain. however he may have a couple of off games, but that can be expected

Answer 7

It is just a word that means fighting

Answer 8

You get in a fight dude.