section 3(1) and (7) of the public order act

[doberman2089]

could someone please explain what the (1) and (7) parts specifically mean. And what the maximum sentence for this offence is.
Thanks.

[Barmaid]

s3(1) A person is guilty of affracy if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.

According to the CA, the essential elements are (a) the use or threat of violence by the def (b) to another person, which (c) would cause a third person to fear for his or her own safety. However, note that where 2 or more people use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purpose of ss(1). ss(3) provides that a threat cannot be made by the use of words alone. ss(4) provides that no personal of reasonable person need actually be or likely be present.

Max penalty is 3 years custodial, a fine or both according to s3(7).

[Barmaid]

sorry, stray "C" in there. it should be "affray"!!!!

[Davidrio]

i am up for the same very thing...i started as abhx2 with threats to kill and has been dropped to the above... so to be dropped to the latter surly pleadeing guilty at the early stages should bring down to a fine and a community order !!! its not assult nor threats to harm intently, just a heat of the moment act... ??? any thoughts on this ????