Affray

Public Order Act 1986, s.3 · Triable either way

Sentencing framework

The guideline outlines a structured approach for sentencing affray, involving assessment of culpability and harm to establish an offence category. Different levels of culpability (A, B, C) and harm (1, 2, 3) guide courts in determining the appropriate sentence, ranging from fines to custodial terms. The guideline also emphasizes consideration of both aggravating and mitigating factors that can affect the severity of the sentence.

Maximum sentence

3 years’ custody

Court

Triable either way

Starting point

2 years’ custody

Offence range

Fine – 2 years 9 months’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Offence motivated by hostility based on any characteristics of the victim
·Incident occurred in busy public area
·Leading role where offending is part of group activity
·Offender threw missiles/objects
·Incident occurred in victim’s home
·Vulnerable persons or children present during incident
·Prolonged incident
·Significant impact on public resources
·Threats or violence directed towards public servants in the course of their duty
·Injury to service animal
·Commission of offence whilst under the influence of alcohol or drugs
·Large number of persons affected
·Offence committed while on licence or subject to post sentence supervision
·Failure to comply with current court orders

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Positive character and/or exemplary conduct (regardless of previous convictions)
·Remorse
·Incident short-lived
·Evidence of steps initially taken to defuse incident
·Significant degree of provocation
·Low level involvement
·Minor/peripheral role in group activity
·No members of public present other than those participating in violence
·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
·Mental disorder or learning disability
·Sole or primary carer for dependent relatives
·Pregnancy, childbirth and post-natal care
·Difficult and/or deprived background or personal circumstances
·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 — Determining the offence category
Step 2 — Starting point and category range
Step 3 — Consider any factors which indicate a reduction for assistance to the prosecution
Step 4 — Reduction for guilty pleas
Step 5 — Dangerousness
Step 6 — Totality principle
Step 7 — Compensation and ancillary orders
Step 8 — Reasons
Step 9 — Consideration for time spent on bail (tagged curfew)

Guideline notes

This guideline applies to all offenders aged 18 and older, who are sentenced on or after the effective date of this guideline.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.