Canberra & the ACT · Public order
Affray and public violence charges in the ACT.
The ACT has no separate riot offence. Public violence is dealt with through a single tiered affray offence, and the penalty rises with the number of people involved. Whether a reasonable person would fear for their safety is the test the matter turns on.
- Affray (basic)2 yearss 35A Crimes Act 1900 (ACT)
- With 2+ others5 yearsHigher tier
- With 5+ others10 yearsHighest tier
- No riot offenceACT differsUnlike New South Wales
The ACT offence.
Affray is about public violence and the fear it creates. The test is whether a reasonable person present would fear for their safety. The ACT has no separate offence of riot or violent disorder. Public violence is dealt with through this tiered affray offence, along with minor summary offences of fighting and offensive behaviour. A NSW-style riot charge does not exist here.
Penalties and where the matter is heard.
The basic affray offence is a summary matter; the higher tiers are indictable and can be tried in the ACT Supreme Court. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT). The number of people involved, the level of violence, and any injuries bear on the outcome.
Defences and issues that matter.
The reasonable-person test.
Affray requires that a reasonable person present would fear for their safety. Where the conduct did not reach that threshold, the offence is not made out.
Self-defence.
Where the accused used force in genuine self-defence, that can answer the charge, and the prosecution has to disprove it.
Identity and role.
In group incidents caught on CCTV, who did what is frequently the contest. The role of the particular accused, and whether they were using or threatening violence, is tested.
How the matter is run.
Affray matters usually rest on CCTV and body-worn video of a group incident. The work is to identify the role of the particular accused, test the reasonable-person threshold and any self-defence, and place the matter in the right tier by numbers. The higher-tier matters are prepared for trial in the Supreme Court.
Frequently asked.
Is there a riot offence in the ACT?
No. Unlike New South Wales, the ACT has no separate riot or violent disorder offence. Public violence is dealt with through the tiered affray offence in s 35A of the Crimes Act 1900 (ACT), along with minor offences of fighting and offensive behaviour.
What is the penalty for affray in the ACT?
It rises with numbers under s 35A of the Crimes Act 1900 (ACT): 2 years for the basic offence, 5 years where at least two others are also involved, and 10 years where at least five others are.
What does the prosecution have to prove for affray?
That the accused used or threatened unlawful violence toward another, such that a reasonable person present would fear for their safety.
Where is an affray charge heard in the ACT?
The basic offence is summary and heard in the Magistrates Court. The higher tiers are indictable and can be tried in the ACT Supreme Court.
Charged in the ACT, or facing a Supreme Court trial?
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