What does the charge affray mean?

What does the charge affray mean?

Affray is a common law offense, but the term “affray” is defined by G.L. c. 277, § 39: “Affray. – Fighting together of two or more persons in a public place to the terror of the persons lawfully there.” Lawful presence in the public place of the person placed in fear is a required element of proof of affray.

What is the sentence for affray in UK?

What are the penalties for Affray? The maximum penalty on conviction on indictment is 3 years’ imprisonment and/or a fine of unlimited amount. On summary conviction the maximum penalty is 6 months’ imprisonment and/or a fine not exceeding level 5.

How serious is affray in UK?

Associated with sports events, concerts and protests, affray is quite a serious offence in the UK. Defined as a group fighting in a public place that disturbs the peace, the definition of an affray has been changed to also include threats of violence from one group of people to another.

What punishment may be given for affray?

Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.

Is affray a bailable offence?

Characteristics of an Affray The Criminal Procedure Code, 1973 has now made it a cognisable offence. It may be tried by any magistrate and by the jury. It is a non-compoundable offence. It is a bailable offence.

What is the difference between riot and affray?

In rioting, every member is punishable irrespective of whether he has actively participated or not. In affray, only those persons are punished who are participating.

Do you need a victim for affray?

Apart from the hypothetical bystander, there must be present a ‘victim’ against whom the violence is to be directed see I & Others v DPP (2002) 1 AC 285 HL. There has to be violence of such a kind that a bystander would fear for his safety.

What is the usual sentence for affray?

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.