View source for Affray

{{Short description|Public fight that disturbs the peace}}
{{for|the British submarine|HMS Affray (P421)}}

{{Use dmy dates|date=December 2020}}
[[File:Jean Louis Ernest Meissonier (1815-91) - La Rixe (The Brawl) - RCIN 404872 - Royal Collection.jpg|thumb|300x300px|[[Ernest Meissonier]], ''The Brawl'', 1855]]
{{Wiktionary}}

In many legal jurisdictions related to [[English law#Common law|English common law]], '''affray''' is a public order offence consisting of the fighting of one or more persons in a public place to the terror (in {{langx|fr|à l'effroi}}) of ordinary people.  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]], [[riot act|unlawful assembly]], or [[riot]]; if so, it is for one of these offences that they are usually charged.<ref name="britannica">"Affray", ''[[Encyclopædia Britannica]]'', 1911</ref>

==Australia==
In [[New South Wales]], section 93C of [[Crimes Act 1900]] defines that a person will be guilty of affray if he or she threatens unlawful violence towards another and his or her conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.<ref>See also Colosimo and Ors v Director of Public Prosecutions (NSW) [2005] NSWSC 854 (25 August 2005) [http://www.austlii.edu.au/au/cases/nsw/NSWSC/2005/854.html AustLII]</ref> 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.<ref>Crimes Act 1900 (NSW) s 93D(2) [http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s93d.html AustLII]</ref> The maximum penalty for an offence of affray contrary to section 93C is a period of imprisonment of 10 years.<ref>Crimes Act 1900 (NSW) s 93C(1) [http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s93c.html AustLII]</ref>

In [[Queensland]], section 72 of the Criminal Code of 1899<ref>Schedule 1 to the [[Criminal Code Act 1899]] (Qld)</ref> 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."<ref>[http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CriminCode.pdf "Criminal Code Act 1899"], retrieved 22 July 2009 from the website of the Office of the Queensland Parliamentary Counsel</ref>

In [[Victoria (state)|Victoria]], Affray was a common law offence until 2017, when it was abolished and was replaced with the statutory offence that can be found under section 195H of the Crimes Act 1958 (Vic). The section defines Affray as the use or threat of unlawful violence by a person in a manner that would cause a person of reasonable firmness present at the scene to be terrified. However, a person who commits this conduct may only be found guilty of Affray if the use or threat of violence was intended, or if the person was reckless as to whether the conduct involves the use or threat of violence. If found guilty, the maximum penalty that may be imposed for Affray is imprisonment for 5 years or, if at the time of committing the offence the person was wearing a face covering used primarily to conceal their identity or to protect them from the effects of crowd-controlling substances, imprisonment for 7 years.<ref>[https://classic.austlii.edu.au/au/legis/vic/consol_act/ca195882/s195h.html "Crimes Act 1958 - Section 195H"]. ''AustLII.'' AustLII. Retrieved April 9, 2024.</ref>

==India==
The [[Indian Penal Code]] (sect. 159) adopts the old English common law definition of affray, with the substitution of "actual disturbance of the [[Queen's peace|peace]] for causing terror to the ''[[wikt:liege|lieges]]''".<ref name="britannica"/>

==New Zealand==
In [[New Zealand]] affray has been codified as "fighting in a public place" by section 7 of the [[Summary Offences Act 1981]].<ref>[http://www.legislation.govt.nz/act/public/1981/0113/latest/DLM53522.html Section 7. Fighting in public place] in ''Summary Offences Act 1981''. legislation.govt.nz13 January 1981</ref>

==South Africa==
Under the [[Roman-Dutch law]] in force in [[South Africa]] affray falls within the definition of ''[[vis publica]]''.<ref name="britannica"/>

==United Kingdom==
===England and Wales===
The [[common law offence]] of affray was abolished<ref>The [[Public Order Act 1986]], [http://www.legislation.gov.uk/ukpga/1986/64/section/9 section 9(1)]</ref> for [[England and Wales]]<ref>The [[Public Order Act 1986]], section 42</ref> on 1 April 1987.<ref>The [[Public Order Act 1986 (Commencement No. 2) Order 1987]], [http://www.legislation.gov.uk/uksi/1987/198/article/2/made article 2] and [http://www.legislation.gov.uk/uksi/1987/198/schedule/made Schedule] (1987/198 (C. 4))</ref> Affray is now a statutory offence that is [[triable either way]]. It is created by section 3 of the [[Public Order Act 1986]] which provides:

{{Blockquote|{{unbulleted list
|(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.
|(6) ... [Repealed]
|(7) 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.<ref>[http://www.legislation.gov.uk/ukpga/1986/64/section/3 Digitised copy] of section 3 of the [[Public Order Act 1986]] from [[Legislation.gov.uk]].</ref>}}}}

The term "violence" is defined by section 8.{{clarify|date=February 2015}}

Section 3(6) once provided that a constable could arrest without warrant anyone he reasonably suspected to be committing affray, but that subsection was repealed by paragraph 26(2) of Schedule 7 to, and Schedule 17 to, the [[Serious Organised Crime and Police Act 2005]], which includes more general provisions for police to make arrests without warrant.

The ''[[mens rea]]'' of affray is that person is guilty of affray only if he intends to use or threaten violence or is aware that his conduct may be violent or threaten violence.<ref>The [[Public Order Act 1986]], [http://www.legislation.gov.uk/ukpga/1986/64/section/6 section 6(2)]</ref>

The offence of affray has been used by [[HM Government]] to address the problem of drunken or violent individuals who cause serious trouble on [[airliner]]s.{{citation needed|date=August 2018}}

In ''[[Common purpose#Controversy|R v Childs & Price]]'' (2015),<ref>{{Cite news|url=http://www.liverpoolecho.co.uk/news/liverpool-news/gerard-childs-stephen-price-cleared-8721065|title=Gerard Childs and Stephen Price cleared of Prescot retail park murder of Jonathan Fitchett on appeal|last=Pattinson|first=Rob|date=25 February 2015|work=Liverpool Echo|publisher=Trinity Mirror Merseyside|access-date=18 September 2016}}</ref><ref>R v Childs & Price 2015: as yet unreported</ref> the Court of Appeal quashed a murder verdict and replaced it with affray, having dismissed an allegation of common purpose.

===Northern Ireland===
Affray is a serious offence for the purposes of Chapter 3 of the [[Criminal Justice (Northern Ireland) Order 2008]].<ref>The [[Criminal Justice (Northern Ireland) Order 2008]], [http://www.legislation.gov.uk/nisi/2008/1216/article/12 article 12(2)] and [http://www.legislation.gov.uk/nisi/2008/1216/schedule/1 Schedule 1], paragraph 5.</ref>

==United States==
In the United States, the English common law as to affray applies, subject to certain modifications by the [[statute]]s of particular states.<ref name="britannica"/><ref name="bishop">Bishop, ''American Criminal Law'' 8th ed., 1892, vol. i. sec.  535</ref>

==See also==
* [[Assault]]
* [[Battery (crime)|Battery]]
* [[Combat]]

==References==
* ''Blackstones Police Manual Volume 4: General police duties'', Fraser Simpson (2006). pp.&nbsp;247. [[Oxford University Press]]. {{ISBN|0-19-928522-5}}
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{{EB1911|wstitle=Affray}}

[[Category:Crimes]]
[[Category:Legal terminology]]
[[Category:Violence]]