There are sentencing guidelines for the offence of affray:
A financial fine of up to �5,000 and/or 6 months custody for less serious cases of Affray, but if this case goes to the Crown Court there is a possibility of a greater sentence.
If the magistrates feel on the evidence their sentencing powers are sufficient they will hear the case. However, having heard the case and the offender�s history they then feel their sentencing powers are insufficient they can send the offender up to Crown Court for sentencing only in front of a judge.
Custody is the starting point in their sentencing decision but there is power to reduce the sentence by up to 1/3 for an early guilty plea, which may mean that custody can be avoided by the offender co-operating at the earliest stages. As an alternative to custody, the sentence may be a community punishment e.g. community service, which is served in the community.