Which section deals with affray, a more serious offence than disorderly behaviour, where a person threatens unlawful violence and can occur in public or private?

• A. S2 Public Order Act 1986
• B. S1 Public Order Act 1986
• C. S4A Public Order Act 1986
• D. S5 Public Order Act 1986

Answer: (C)

Affray is the offence that specifically covers using or threatening unlawful violence toward another person, in a way that would cause a reasonable person nearby to fear for their safety. It can happen anywhere, in public or private, and it does not require more than one person to be involved. Because it involves violence or a credible threat, it is treated as more serious than disorderly behaviour, which covers conduct that disturbs the peace or causes harassment or distress without a clear element of violence or threat. This is captured by Section 4A of the Public Order Act 1986. For example, someone brandishing a weapon and threatening someone else in a public place, or even in a private setting, would be charged under this section.