''For the British submarine see [[HMS Affray (P421)]]''

== Affray in English Law ==
In English Law, '''Affray''' forms part of the [[Public Order Act 1986]] under section 3.

The Public Order Act 1986 s.3 states:


# A person is guilty of Affray if a person uses or threatens unlawful violence towards another and the person's 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.

== Ramifications ==
* Statutory Power of Arrest

* Triable either way (Can be brought before a Magistrates court or Crown court)

* Three years imprisonment and/or a fine on indictment; six months imprisonment and/or a fine summarily

== Other Information ==
Traditionally, in English and Welsh Common [[law]], the '''affray''' consisted of the fighting of two or more persons in a public place to the terror (in [[French language|French]]: ''à l'effroi'') of the [[wikt:liege|lieges]].

In England and Wales, affray may be committed in a public or a private place: section 3(5) Public Order Act 1986.

As those engaged in an affray render themselves also liable to prosecution for [[assault]], [[Riot act|Unlawful Assembly]], or [[Riot]], it is for one of these offences that they are usually charged.

Any private person may, and [[constable]]s and justices must, interfere to put a stop to an affray.

In the [[United States]] the English common law as to affray applies, subject to certain modifications by the [[statute]]s of particular states (Bishop, ''Amer. Crim. Law,'' 8th ed., 1892, vol. i. sec. 535).

The [[India]]n Penal [[Code]] (sect. 159) adopts the old English Common-Law definition of affray, with the substitution of ''actual disturbance of the [[peace]]'' for ''causing terror to the lieges.''

The [[Queensland]] Criminal [[Code]] of [[1899]] (sect. 72) defines affray as taking part in a fight in a public [[highway]] or taking part in a fight of such a nature as to alarm the public in any other place to which the public have access. This definition is taken from that in the English [[Criminal Code]] Bill of [[1880]], cl. 96.

Under the Roman [[Netherlands|Dutch]] law in force in [[South Africa]] affray falls within the definition of ''vis publica''.

== References ==
* Blackstones Police Manual Volume 4 General police duties, Fraser Simpson (2006). pp. 247. Oxford University Press. ISBN 0-19-928522-5
{{Wikisource1911Enc|Affray}}
{{1911}}

[[Category:Crimes]]
[[Category:Legal terms]]