In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of two or more persons in a public place to the terror (in ) of ordinary people (the lieges). Depending on their actions, and the laws of the prevailing jurisdiction, those engaged in an affray may also render themselves liable to prosecution for assault

Assault

In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...

, unlawful assembly

Riot Act

The Riot Act was an Act of the Parliament of Great Britain that authorised local authorities to declare any group of twelve or more people to be unlawfully assembled, and thus have to disperse or face punitive action...

, or riot

Riot

A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...

; if so, it is for one of these offences that they are usually charged.

England and Wales

In current English Law, affray forms part of the Public Order Act 1986

Public Order Act 1986

The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...

 under section 3. The act states:

1. A person is guilty of affray if he uses or threatens unlawful violence towards another and the person's conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
2. Where two or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purpose 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.

A person suspected of affray is subject to arrest, can be tried either way

Either Way

"Either Way" is a song by The Twang, which was released as their second single under the B-Unique Records on May 28, 2007, and it is also the second single to be taken from the band's debut album Love It When I Feel Like This...

, and faces three years imprisonment and/or a fine on indictment; six months imprisonment and/or a fine summarily. In recent years, the option to charge people with affray has been used as part of a strategy by HM Government to aggressively address problems with drunken individuals who cause serious trouble on airliner

Airliner

An airliner is a large fixed-wing aircraft for transporting passengers and cargo. Such aircraft are operated by airlines. Although the definition of an airliner can vary from country to country, an airliner is typically defined as an aircraft intended for carrying multiple passengers in commercial...

s.

United States

In the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 the English common law as to affray applies, subject to certain modifications by the statute

Statute

A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

s of particular states.

India

The India

India

India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

n Penal Code

Code

A code is a rule for converting a piece of information into another form or representation , not necessarily of the same type....

 (sect. 159) adopts the old English Common-Law definition of affray, with the substitution of actual disturbance of the peace

Peace

Peace is a state of harmony characterized by the lack of violent conflict. Commonly understood as the absence of hostility, peace also suggests the existence of healthy or newly healed interpersonal or international relationships, prosperity in matters of social or economic welfare, the...

for causing terror to the lieges.

Australia

The Queensland

Queensland

Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...

 Criminal Code

Code

A code is a rule for converting a piece of information into another form or representation , not necessarily of the same type....

 of 1899 (sect. 72) defines affray as taking part in a fight in a public highway

Highway

A highway is any public road. In American English, the term is common and almost always designates major roads. In British English, the term designates any road open to the public. Any interconnected set of highways can be variously referred to as a "highway system", a "highway network", or a...

 or taking part in a fight of such a nature as to alarm the public in any other place to which the public have access. This definition is taken from that in the English Criminal Code

Criminal Code

A criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law...

 Bill of 1880, cl. 96. Section 72 says "Any person who takes part in a fight in a public place, or takes part in a fight of such a nature as to alarm the public in any other place to which the public have access, commits a misdemeanour. Maximum penalty—1 year’s imprisonment."

South Africa

Under the Roman Dutch

Netherlands

The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

 law in force in South Africa

South Africa

The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...

 affray falls within the definition of vis publica.