Part I

New Offences

Affray.
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1
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.
2
Where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).
3
For the purposes of this section a threat cannot be made by the use of words alone.
4
No person of reasonable firmness need actually be, or be likely to be, present at the scene.
5
Affray may be committed in private as well as in public places.
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A person guilty of affray is liable on conviction on indictment to imprisonment for a term not exceeding 3 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.
S. 3(6) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174(2), 178(8), Sch. 7 para. 26(2), Sch 17 Pt. 2; S.I. 2005/3495, art. 2(m)(u)(xxvi)