Affray
Affray is using or threatening unlawful violence towards another person in a way that would make a person of reasonable firmness present at the scene fear for their personal safety. It commonly covers street fights and can be committed in private as well as public places.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Fighting in public, Section 3 Public Order Act |
|---|---|
| The law | Public Order Act 1986, section 3 |
| Where it is tried | either way. Affray can be tried in the magistrates' court or the Crown Court. |
| Maximum penalty | 3 years' imprisonment and/or an unlimited fine in the Crown Court; 12 months (the general limit for a single either-way offence) and/or a fine in the magistrates' court. Violent disorder (three or more people using or threatening violence together) carries up to 5 years. |
| Sentencing guideline | Affray |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The defendant used or threatened unlawful violence towards another person.
- Any threat involved more than words alone, for example brandishing a weapon or aggressive gestures.
- The conduct was such as would cause a hypothetical person of reasonable firmness present at the scene to fear for their personal safety; no such person needs actually to be present.
- The defendant intended to use or threaten violence, or was aware that their conduct might be violent or threaten violence (s.6(2)).
Defences and common issues
- Self-defence or defence of another: using reasonable force to protect yourself or someone else is not unlawful violence.
- Words alone: a threat made only by words cannot amount to affray (s.3(3)).
- The violence or threat was not directed towards another person present at the scene.
- The conduct would not have caused a person of reasonable firmness to fear for their safety.
Frequently asked questions
What is the difference between affray and assault?
Assault is about harm or fear caused to a particular victim. Affray is a public order offence focused on the wider effect of violence, asking whether the conduct would make a hypothetical bystander of reasonable firmness fear for their own safety. A fight can be affray even if nobody was injured and no bystander was actually present. Affray carries up to 3 years' imprisonment, while common assault is summary only with a maximum of 6 months. Both can be charged from the same incident.
What is violent disorder?
Violent disorder under section 2 of the Public Order Act 1986 is committed where three or more people present together use or threaten unlawful violence, and their conduct taken together would cause a person of reasonable firmness to fear for their safety. Each person who uses or threatens violence is guilty. It carries a maximum of 5 years' imprisonment, more than affray. It is often charged after large disorder, and riot, which needs 12 or more people, carries 10 years.
Can you commit affray just by shouting threats?
No. Section 3(3) of the Public Order Act 1986 says a threat cannot be made by the use of words alone for affray. There must be some conduct, such as brandishing a weapon, squaring up, or aggressive physical movements, although words can form part of the overall picture. Threatening words alone may instead amount to another offence, such as threatening behaviour under section 4 of the same Act, or a communications offence if sent in a message.
Can I be charged with affray if I was defending myself?
You can be charged, but self-defence is a complete defence if you used reasonable force to protect yourself, someone else or property, based on the circumstances as you honestly believed them to be. Once there is evidence of self-defence, the prosecution must prove beyond reasonable doubt that you were not acting in self-defence or that the force was unreasonable. CCTV, witness statements and injuries can be important. A solicitor can advise on the evidence in a particular case.
Is affray a serious offence?
Yes. Affray is triable either way and carries up to 3 years' imprisonment, and it is a specified violent offence for the purposes of extended sentences. The Sentencing Council guideline range runs from a fine to 2 years 9 months' custody, depending on factors such as whether weapons were used, the number of people involved and the fear caused. A conviction will appear on criminal record checks and can affect employment and travel, subject to the rules on spent convictions.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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