Affray

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Published on December 4, 2021 6:57:27 AM ● Video Link: https://www.youtube.com/watch?v=qwRqLJin3hg

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Affray, by Wikipedia https://en.wikipedia.org/wiki?curid=2665 / CC BY SA 3.0

#Crimes
#Legal_terminology
Ernest Meissonier, The Brawl, 1855 In many legal jurisdictions related to 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 French: 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,
unlawful assembly, or riot; if so, it is for one of these offences that they are usually charged.
The common law offence of affray was abolished for England and Wales on 1 April 1987.
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: The term "violence" is defined by section 8.
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constable could arrest without warrant anyone he reasonably suspected to be committing affray, but that subsection was repealed by paragraph 26（2） of Schedule 7 to,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.
The offence of affray has been used by HM Government to address the problem of drunken or violent individuals who cause serious trouble on airliners.
In R v Childs & Price （2015）, the Court of Appeal quashed a murder verdict and replaced it with affray, having dismissed an allegation of common purpose.
Affray is a serious offence for the purposes of Chapter 3 of the Criminal Justice （Northern Ireland） Order 2008.
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 ...