affray

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In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of two or more persons in a public place to the terror (in French: à l'effroi) of ordinary people (the lieges). Depending on their actions, and the laws of the prevailing jurisdiction, those engaged in an affray may also render themselves liable to prosecution for assault, unlawful assembly, or riot; in that event it is for one of these offences that they are usually charged.^[1]

England and Wales

In current English Law, affray forms part of the Public Order Act 1986 under section 3. The act states:

1. A person is guilty of affray if he 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.
2. 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)
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.

A person suspected of affray is subject to arrest, can be tried either way, and faces three years imprisonment and/or a fine on indictment; six months imprisonment and/or a fine summarily.^[2]

The United States

In the United States the English common law as to affray applies, subject to certain modifications by the statutes of particular states. ^[3][1]

India

The Indian 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.^[1]

Australia

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. Section 72 says "Any person who takes part in a fight in a public place, or takes part in a fight of such a nature as to alarm the public in any other place to which the public have access, commits a misdemeanour. Maximum penalty—1 year’s imprisonment."^[4]

South Africa

Under the Roman Dutch law in force in South Africa affray falls within the definition of vis publica.^[1]

References

• Blackstones Police Manual Volume 4: General police duties, Fraser Simpson (2006). pp. 247. Oxford University Press. ISBN 0-19-928522-5

Wikisource has the text of the 1911 Encyclopædia Britannica article Affray.

This article incorporates text from the Encyclopædia Britannica, Eleventh Edition, a publication now in the public domain.