Section 4?

[enquirer2020]

Individual 1 was out drinking with Group A, upon which two other members of the Group A began badgering and shouting at another number of individuals, we shall call them Group B. The two groups began shouting profanity at one another. Individual 1 of Group A shouted some profanities at members of Group B saying "F**** Off", "Come on then" and "Shut the F**** Up". Individual 2 of Group A however retaliated by making a sexually threatening remark about the mothers of members of Group B.

How would the courts likely view Individual 1 given that they have made profanity laden remarks to other individuals in Group B?; Given their involvement in Group A and seeing as this involves 3+ persons, is this to be charged as possibly affray?

Is the most likely scenario for Member 1 a fine for S4 Public order (given that they were saying things along the lines of "F*** You" and "Come on Then" and so this could be interpreted as being threatening?

[Buenchico]

It can't be charged as affray, as such an offence must involve conduct which is 'beyond the use of words':
http://www.cps.gov.uk/legal/p_to_r/public_order_offences/#Affray

It might be charged under Section 4A
http://www.cps.gov.uk/legal/p_to_r/public_order_offences/#Offences_Contrary
but if it could be established that the persons to whom the remarks were addressed was unlikely to be subject to any real level of 'harassment, alarm or distress' it's possible that no offence at all was committed. (For example, the courts have ruled that it's not illegal to direct a string of obscenities at a police officer as, by the nature of their work, they're unlikely to experience any great 'distress' from such actions).

[Peter Pedant]

I would wait and see

I know this is the answer to - do you think I should wait and see,
and not - what charge do you think is more likely

but I would still wait and see - Did you hit someone ? Did s/o in gp A or B hit anyone ? - in other words - - - was there more ? you can tell us - we wont tell !

anyway to cheer you up
here is Bean J - who I was contemporary with at uni
ruling in 2011 that saying Frack is now not a crime

http://www.bailii.org/ew/cases/EWHC/Admin/2011/3992.html

before you go out for a hoolie
a drink - and a shouting match
bear in mind that the facts in your case may be different

the other thing is to try to control your aggression which is clearly getting you into totally avoidable trouble and angst - and may cost your money you would rather spend on er drink....

Go out with a few pansies and note how when they get drunk they dont shout frack off to/at anyone who passes. watch and learn how it is done. You will find you have safer and cheaper nights on the booze