What characterizes an affray according to the Criminal Justice (Public Order) Act 1994?

Affray is defined under the Criminal Justice (Public Order) Act 1994 as a situation where two or more persons are fighting in a public place, which tends to cause fear to others. This definition captures the essence of affray, emphasizing the involvement of multiple individuals and the public aspect of the incident.

The key elements of the offence are the presence of a physical altercation involving more than one person and the likelihood that this behavior would alarm or disturb bystanders or members of the public. It highlights that the potential for disorder and fear is a central aspect of affray, distinguishing it from lesser disturbances such as mere shouting or singular acts of violence, which may not necessarily involve an immediate threat to the public at large.

This understanding clarifies why other potential choices do not fit the legal definition: shouting alone does not constitute an affray since it lacks the element of physical fighting. Moreover, a group causing fear without physical contact lacks the requisite criteria of a fight; it indicates potentially threatening behavior but does not meet the requirement of an altercation. Lastly, a single person acting violently would only be representative of other offences, rather than meeting the threshold of an affray, as it does not involve two or more individuals engaged in a confrontation