Question about affray?
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Question about affray?
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I was told by a cousin that my daughter could not be prosecuted for affray as she was the only one there, and the police were looking for any reason to get her in trouble. She was involved in a confrontation (just her and this girl) but no punches were thrown. Is it true that you need more than 2 to be doing the threatening behaviour?
She was also questioned for an hour before I was called, and during this time they were trying to make her admit to physically harming the other girl. This was 9 years ago, can I do anything about it now? She never told me she was interrogated before I arrived. I was talking to her about what my cousin said when she mentioned it.
She was 15 at the time and was taken to court. She got 2 years probation for it. But it was just her and this girl. Also they were trying to put words in her mouth at the police station without her guardian present. She gave up her dream of teaching because of this, and now I learn that she shouldn't have been arrested at all.
I'm a little more than angry about this, so what can I/she do now? My cousin said I could ask for a royal pardon or ask for an enquiry. How do I go about this please?
Additional Details
She was questioned on her own (no other adults and it was her one and only offence (nothing happened after).
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mafiaboss_nz
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Below is the charging standard shortended down for affray, there do not have to be punches thrown waving the arms about can be enough or raising a clenched fist as well and as long as there were other people present at the time IE watching or in the middle of a shopping centre with members of the public around then yes she can be charged with affray.
As for it being 9 years ago then it should have being challenged at the time when it went to court, that was her best time to get it thrown out because she would have being offered a solicitor at the cost of the state/taxpaper, you will both have to consult a solicitor i believe to look at any chance of appealing it now and getting her record cleaned which means going to court again at your expense, before you even go to court your solicitor will need to get hold of the paperwork from the police force which will take a few weeks and expense in the first place as they will charge by the hour.
Someone must of made a statement about some form of physcial violence occuring even if it was just pushing or punching from either either party involved or a witness
Under section 3 of the Act, it must be proved that a person has used or threatened:-
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.
The seriousness of the offence is determined by the effect that the behaviour of the accused has on members of the public who may have been put in fear. There must be some conduct, beyond the use of words, which is threatening and directed towards a person or persons. Only words are not enough. Violent conduct towards property alone is not sufficient. The offence is not confined to group disorder.
The offence may be committed in a public or private place.
Types of conduct appropriate for an affray offence include:
(a) a fight between two people in a place where the general public are present (e.g. in a public house, discotheque, restaurant or street) and the level of violence used puts members of the public in fear for their safety (although the fighting is not directed towards them); |
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David
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I have to ask. How old was she. If she was under 18 then anything she said without and Parent or legal guardian is not aloud in court. So if this happened please get a lawyer and talk to the DA. Please keep me informed. Thank you
{Retired New York State Trooper} |
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