The House considered the amount of violence or force required to be used to establish the offence of affray: ‘the extent to which the ‘display of force . . without actual violence’ constitutes the offence of affray even where the element of terror is present is still not wholly clear. It seems that the brandishing of a fearful weapon does constitute the offence, and has always done so, though in most cases where this is done by an individual, a charge under the Prevention of Crimes Act 1953 would now seem preferable. From the older authorities it seems plain enough that mere words, unaccompanied by the brandishing of a weapon or actual violence, are not enough. But all sorts of things are, arguably, a display of force. I am anxious that nothing in this case should be construed as necessarily implying that anything less than an unlawful participation in a violent breach of the peace will be enough to satisfy the requirement.’
Judges:
Lord Hailsham of St Marylebone LC
Citations:
[1973] AC 964
Jurisdiction:
England and Wales
Cited by:
Cited – I v Director of Public Prosecutions etc HL 8-Mar-2001
A group of youths carried petrol bombs in public, anticipating a confrontation with another group. They did not brandish them or actually threaten anybody. On dispersal by the police the bombs were dropped. On being charged with affray it was held . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 14 May 2022; Ref: scu.237685