Affray Solicitor – Public Order Act Section 3

Affray is a serious public-order allegation that can be charged following a fight, disturbance or confrontation involving one or more people. Group cases require individual analysis: being present is not the same as personally committing the offence.

If you have been arrested, invited to an interview or given a court date, call, text or WhatsApp Ghafar Khan on 07500 556587. You can also email notguilty@ghafarkhan.com. Advice is available throughout England and Wales.

What does the allegation involve?

Under section 3 of the Public Order Act 1986, the prosecution must prove that a person used or threatened unlawful violence towards another and that the conduct would cause a person of reasonable firmness present at the scene to fear for personal safety. Threats cannot be made by words alone for this offence.

Evidence and defence issues to examine

• what each individual is alleged to have done
• CCTV sequencing, identification and blind spots
• self-defence or defence of another
• whether violence or a qualifying threat is proved
• joint-enterprise allegations and phone evidence

The correct approach depends on the evidence and your instructions. Do not dispose of messages, documents, footage or devices that may be relevant. Preserve them and obtain advice.

Police-station and court representation

Ghafar Khan is a Criminal Defence Solicitor and High Court Advocate. Representation can begin at the police station and continue through the Magistrates’ Court, Crown Court and, where appropriate, appeal. Police-station legal advice is free and independent. Court funding depends on eligibility and the case.

Frequently asked questions

Can I be charged with affray if nobody else is charged?

Potentially, because one person may commit affray, but every legal element must still be proved.

Who can represent me in an affray case?

Contact Ghafar Khan on 07500 556587 for police-station and court representation.

Official legal sources

See the current legislation at legislation.gov.uk and prosecution guidance at cps.gov.uk.

This page provides general information, not advice on an individual case. Outcomes depend on the facts and evidence.