195HAffray

195H Affray

(1) A person who uses or threatens unlawful violence and whose conduct would cause a person of reasonable firmness present at the scene to be terrified commits an offence and is liable to—

(a) level 6 imprisonment (5 years maximum); or

(b) imprisonment for 7 years if, at the time of committing the offence, the person is wearing a face covering used primarily—

(i) to conceal the person's identity; or

(ii) to protect the person from the effects of a crowd-controlling substance.

Example of unlawful violence

Engaging in unlawful fighting with another person.

(2) A person is guilty of an offence under subsection (1) only if the person intends to use or threaten violence or is reckless as to whether the person's conduct involves the use of violence or threatens violence.

(3) For the purposes of subsection (1), a threat of unlawful violence must involve more than words alone.

(4) An offence under subsection (1) may be committed—

(a) in private as well as public places; and

(b) whether or not a person of reasonable firmness is present at the scene.

(5) For the purpose of subsection (1), if 2 or more persons use or threaten unlawful violence—

(a) it is the conduct of them taken together that must be considered; and

(b) it is immaterial whether or not those persons use or threaten unlawful violence simultaneously.

S. 195I inserted by No. 32/2017 s. 8.