Part I New Offences

3 Affray.

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

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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.