Affray Sentencing Guidelines: What You Need to Know

What is affray?

The offence of affray is a serious criminal offence that can carry significant penalties. It is an offence that can be committed in a variety of ways, ranging from verbal threats of violence to physical acts of violence against people or property.

Affray is a criminal offence which is triable either way, which means that cases of affray can be heard in either the Crown Court in front of a judge and jury, or in the Magistrates’ Court in front of magistrates or a District Judge.

Under section 3 of the Public Order Act 1986, in order to be found guilty of affray, the prosecution must prove:

• The defendant threatened unlawful violence towards another.
• Their conduct would cause a reasonable person at the scene to fear for their personal safety.

The accused must have intended to use or threaten violence; or have been aware that their conduct may be violent or may be perceived to threaten violence.

Affray is a serious offence, and it carries severe penalties. Generally, it is punishable by up to three years’ imprisonment, an unlimited fine, or both. Magistrates’ Courts may impose a maximum sentence of six months’ imprisonment; however, in the Crown Court, the maximum sentence can be up to three years.

How is the punishment determined in the sentencing guidelines?

The sentencing guidelines for affray are determined by a number of factors, including the nature and severity of the offence, the offender’s previous criminal record, and the impact that the offence has had on the victim or victims. Other factors, such as the offender’s age and mental health, may also be taken into consideration.

When determining the appropriate sentence for an offence of affray, the court will look at culpability and harm. For example, if there was a significant degree of violence involved, the court may impose a tougher sentence. Similarly, if the offence was motivated by hate or prejudice, the sentence may be higher than if the offence was a spontaneous act of aggression.

In the sentencing guidelines, culpability is categorized by classes with class A covering the most serious offences:

• Class A culpability encompasses cases where the offender was working as part of a group or weapons were used to inflict violence, as well as cases where the offender intended to cause very serious violence.
• Class B culpability will include less serious cases where weapons are present and any other cases that fall in between class B and class C.
• Class C culpability includes cases where the threat or use of violence is minimal or cases where the offender acted in self-defence or in fear of violence, but self-defence has not been made out.

Harm refers to the injuries, loss, or damage. The level of harm is placed in categories ranging from serious injuries to minimal distress.

• Category 1 – victim has suffered serious physical injury or serious distress was caused to the victim.
• Category 2 – where the harm falls between categories 1 and 3.
• Category 3 – where there is little or no physical injury caused to the victim or distress.

It is important to note that the sentencing guidelines for affray are complex and can vary depending on the circumstances. It is therefore important to seek legal advice if you have been charged with an offence of affray, as the right advice can help to ensure that you receive a fair and just sentence.

What could aggravate the seriousness of affray?

The court will also consider any aggravating factors that may increase the seriousness of the offence. These factors will contribute to a higher sentence. Aggravating features include previous convictions, offences committed while on bail and offences that are motivated by hostility based on religion, race, disability, sexual orientation, or transgender identity.

What can reduce the seriousness of affray?

The court can also consider factors that may decrease the offender’s sentence. For example, if the offender played a minor role in a group activity, took steps to defuse the situation or have shown remorse, the court will take these factors into consideration when determining the appropriate sentence.

The court will also take into consideration personal circumstances when determining sentence. These circumstances include good character, age and lack of maturity, whether the offender suffers from mental health issues or whether the offender is a primary carer for dependant relatives.

What to do if you have been accused of affray?

At Old Bailey Solicitors, we have extensive experience in dealing with offences of affray, and we understand the complexities of the sentencing guidelines. We can provide advice and representation to ensure that you receive the best possible outcome in relation to your case. Our team of experienced criminal defence lawyers will work hard to ensure that your case is presented in the most effective way possible, and that you receive a fair and just sentence.

If you have been charged or accused of the offence of affray, we urge you to get in touch with us as soon as possible. Our team of experienced criminal defence lawyers is here to provide advice and support throughout the process. Contact us today to find out more about how we can help.