(1) A person commits the offence of affray if he or she uses or threatens violence towards another person and his or her conduct is such as would cause another person of reasonable firmness present at the scene to fear for his or her personal safety.
(2) A person commits the offence of affray only if he or she intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence.
(3) For the purposes of subsection (1)—
(a) where 2 or more persons use or threaten to use violence, the Court shall, in determining the case have regard to the conduct of the persons taken together; and
(b) no person of reasonable firmness need actually be, or be likely to be present at the scene.
(4) An offence of affray may be committed in a private or public place.
(5) A person who commits the offence of affray is liable—
(a) on conviction on indictment to imprisonment for 5 years; or
(b) on summary conviction to imprisonment for 2 years.