Son charged with affray?

[Jamiem7013]

Hi basically needing guidance and some help. I have a son 19. He was inside a nightclub and a fight kicked off and some group and his group were fighting. My son and his group left and then we’re followed outside by the other group.

One of the members of the other group confronted my son to which he hit him and this ended in a brawl, basically my son, his friend and girlfriend were fighting these boys, my son hit a few of them and hit one of them for hitting his girlfriend. The police have now pulled in my son, his girlfriend, and his friend and the copper is saying that it is so serious and looks so bad on cctv that he’ll be passing it forward to the police prosecution device who will then decide to take them to court. The copper said that he did not care that the other group had fought my son and his friends inside as outside he only seen my son and his friends causing the trouble. We pleaded with him of course to not take it this far forward and so did the solicitor but he is not budging his decision what so ever.

This is all very serious and it seems a lot for a drunken brawl between teens. I am in no way condoning my sons actions but would like to know what is going to happen? My son and his friends have never been in trouble before, no even suspended from school, all 3 are in university and this is all very worrying.

I am told I will have to wait months to hear from the PPS with their decision on the matter although the solicitor is saying they will maybe not take it forward with affray but instead another charge? I’m not so sure as when the officer spoke to me and my son he said it was an outrage and among some of the worst he had seen. This is in Northern Ireland but I assume the laws are similar enough within the whole of the UK

Any past experiences/knowledge etc from anyone would be much appreciated :(

PS. Forgot to say no one was injured and none of the other boys filed any type of complaint nor statement.

The thing that stands out to me is you are talking about a fight between teenagers but your son is a 19 year old man.

I think you would be best speaking to the solicitor again for advice.

Everything you are saying is mitigation - it goes to sentencing (no history of offending, issues inside the club etc). None of it is a defence I'm afraid. They were not in fear of harm and were the aggressors who carried on the fight in a second location because their blood was up.

If it's not affray (I would be surprised if the CPS went that route) then they may be charged with a public order offence with the possibility of a caution. If there are any injuries it will be an assault offence (assault, Abh or gbh depending on the severity of the injuries and if any weapons (including glasses or other items of street furniture for example) were used).

I'm really sorry but your son has messed up. He needs to hope for a lesser offence and he possibility of a caution that hopefully won't cause him too many problems in later life. He is legally an adult so this offence if prosecuted and he is found guilty will remain on record I'm afraid.

No injuries what so ever. Not even a black eye. Literally a scuffle for a few minutes. Hope for the best, can’t believe it my sons never even fought once before :(

Not very helpful. Already have spoken many times just wanted to have some people’s opinions and past experiences.

Your first post calls it a brawl. Then you refer to it as a scuffle....which is it.?

Not really sure the difference to be honest. A fight with a lot people involved punches thrown etc.

DH has been on jury service for similar.
This is what happens when the stupid hormone fuelled one-upmanship seen in emotionally stunted teens continues to spill over into adulthood. This is the consequence. No sympathy here. He did it, he takes the rap for it.

I’m more particularly interested in the consequences rather than sympathy for my son as I’m not feeling that too much either.

opck.qhvsg.org.au/

A friend's boyfriend ended up serving time in gaol for 'a scuffle'

He punched a bloke in a nightclub. With a glass in his hand. It was GBH.

Hopefully your son can learn from this and never hit another person again in his lifetime. It's never acceptable, even if someone else starts it. Sooner he learns to walk away from a fight, the better.

Without knowing the charge it is impossible to say what the consequences will be. The CPS may decide to take no action. He could end up with anything from a caution to some time in jail.

If he admits guilt at the earliest possible opportunity any sentence will be reduced.

Unless the CPS decide to take no action this offence will appear on DBS checks. How long it will be there depends on the charge and the outcome. Some offences are on DBS checks for life. It doesn't sound like he will be charged with one of those offences from your description but we don't know for sure. If he receives a custodial sentence, even if it is suspended so that he does not actually serve any time in jail, the offence will be on his DBS check for life. If the offence isn't on there for life it will be removed after 6 years if he is cautioned, 11 years if it goes to court.

Most jobs don't involve DBS checks. Even where a check is required, an offence is not necessarily a bar to employment provided he is up front and honest about it. The employer must decide if the offence is relevant.

Would love to just give everyone an update, as when I was looking for this when it happened there was none. One of the boys involved - complained to the ombudsman that the officer in the first place done wrong procedures. Heard nothing for 7 months then got a letter through the door stating they’re wasn’t enough evidence. Happy days.

Not enough evidence to prosecute any of them. Officer would have been better giving them a caution on the spot I guess. Lesson learned for the children and also the police officer.

Y9u can't "Give a caution on the spot" there is a legal process which needs to be followed.

Luckily for your son there is no further action

Perhaps he should hold his temper and walk away in future