What is hypothetical bystander test in the context of the offence of affray under English law?

The hypothetical bystander test is a legal test used to determine whether an offence of affray has been committed under English law. The test is used to assess whether the behaviour of the accused was such as to cause an ordinary person, viewing the incident objectively, to fear for their safety. The test involves imagining a hypothetical bystander who is present at the scene of the incident and who is of reasonable firmness and courage. The question to be asked is whether the conduct of the accused was such as to cause the hypothetical bystander to fear for their safety. The test is an objective one, which means that it is not based on the actual state of mind of any particular individual who may have been present at the scene. Rather, it is based on an assessment of how a hypothetical reasonable bystander would have perceived the incident. The use of the hypothetical bystander test means that the offence of affray can be established even if no actual harm is caused and even if no specific individual is shown to have been in fear. The focus is on the conduct of the accused and its likely effect on an ordinary member of the public. The hypothetical bystander test is used in a number of other areas of English law, including the law of self-defence and the law of public order. Its use allows the courts to assess the reasonableness of a particular set of circumstances from the perspective of an ordinary member of the public, rather than requiring evidence of actual harm or fear.