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Charged with affray = possible sentence

(11 Posts)
HarryDies Sun 27-Jun-10 20:14:26

A relative of mine has been charged with this, started a fight while out drinking. Police called and he tried to take them on as well, was physical towards the police including biting one.

He's been in prison before for drug offences though hasn't been in trouble for 5 years.

Is prison likely?

Tootlesmummy Sun 27-Jun-10 20:16:16

Sorry I don't have any 'knowledge' to back this up but I suppose it depends on how physical it got and if anyone was hurt. I would think if it was fairly minor i.e. no one got any injuries then I would think a fine and possible community service?

Hope it works out ok.

prh47bridge Sun 27-Jun-10 23:22:56

It is a shame your relative didn't stop when the police arrived as that would have been a mitigating factor. The fact that he started the fight will also go against him. Given that police were attacked, I suspect this will go to the Crown Court where a prison sentence is the most likely outcome. Pleading guilty will help him and should result in a lesser sentence. It may allow him to avoid prison completely but that depends on the severity of the offence.

ShowOfHands Sun 27-Jun-10 23:29:25

DH is a police officer. Is it just affray? Because that's a public order offence. He hasn't been charged with Assault Police? Affray carries quite a short maximum sentence and a term is possible but dh says in his experience, it usually doesn't result in a prison sentence.

This is all in general terms. Obviously, dh does not know the details. Previous custodial sentences will not be used as they are not relevant to the offence of affray.

ShowOfHands Sun 27-Jun-10 23:30:34

not used in court I mean. If he'd committed a drugs offence it would be relevant that he had a previous conviction in that area.

scurryfunge Sun 27-Jun-10 23:32:31

Why has he not been charged with assault on police if he has bitten a police officer?

funkychunkymunky Sun 27-Jun-10 23:37:51

Depends on how many witnesses, any other charges, level of affray etc. A guilty plea will prob result in a non-custodial sentence. A not guilty but found guilty may result in custodial.
Affray is triable either way which means that it can be tried on indictment or as summary. It will be heard in mags court first and if guilty, may be be sentenced there. If not guilty, could potentially go to crown.
Sentencing is up to £5000 fine and/or 6 months in prison.

HarryDies Mon 28-Jun-10 11:37:52

He has been charged with assaulting a police officer as well, he has a previous conviction for this. There are quite a few witnesses.

He's in the magistrates' court next week.

PlasticCenturion Mon 28-Jun-10 12:21:57

Well that changes things significantly and it is far more complicated and serious than your op suggests.

Your relative needs good legal advice and a competent solicitor who will explain what is likely to happen.

beeny Mon 28-Jun-10 12:26:21

I am a criminal barrister in the crown court affray is often dealt with by a community penalty.Your relative should try and save some money up to offer the policeman as compensation.He will need a very good presentence report.

123evo Tue 26-May-15 22:50:15

Were on bail for afray but we haven't done much wrong other than maybe be a it loud wen drunk an resist arrest until they used exseesive force but they are saying we were threatening and tried to assault them which is untrue coz no one was injured

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