Table of Contents
What does it mean to be charged with affray?
To be charged with the offence of affray, the accused would have to use or threaten violence towards a person or people in such a way that another person or people who were present and/or witness to the violence feared for their personal safety as a result.
What is the sentence for affray?
What are the penalties for Affray? The maximum penalty on conviction on indictment is 3 years’ imprisonment and/or a fine of unlimited amount. On summary conviction the maximum penalty is 6 months’ imprisonment and/or a fine not exceeding level 5.
Is affray a serious charge?
A person will only be guilty of affray if the person intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence. The maximum penalty for an offence of affray contrary to section 93C is a period of imprisonment of 10 years. Maximum penalty—1 year’s imprisonment.”
Can affray charges be dropped?
Affray can occur in private or public places whether or not a third person is even likely to have been present at the scene. An affray charge can get dismissed or withdrawn earlier if the police have insufficient evidence to prove each of the essential elements of the charge.
Do all cases go to CPS?
The CPS considers all cases in accordance with the Code for Crown Prosecutors, which sets out the principles the CPS will apply when making decisions about whether or not to prosecute.
How do CPS decide to charge?
The standard of evidence needed in order for the CPS or police to make a charging decision is set out in the Code for Crown Prosecutors. The prosecutor must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge.
What happens is a person is charged with affray?
If a person is charged with affray, then they have committed or threatened an act of violence which has threatened an individual or a group’s safety. Bristol Crown Court, where cricketer Ben Stokes faced trial for an affray charge. He has been found not guilty (Flickr)
What is the definition of the criminal offence of affray?
Affray A criminal offense generally defined as the fighting of two or more persons in a public place that disturbs others. The offense originated under the Common Law and in some jurisdictions has become a statutory crime.
What does the charge simple affray mean?
The simple affray charge is a very specific charge aimed at punishing an individual for not only resorting to violence but also for inciting further violence from another individual or individuals. Law enforcement officers use this charge as a way to keep the peace during a potential riot situation.