Yes, jake, you are right on both counts.
I agree with Androcles in that we should perhaps talk about sentencing if and when Mr Gerard is convicted. However, the verdict, (or more specifically the venue for the trial) is worth a mention.
Affray is an �either way� offence which means it can be tried either at the magistrates� court or at the Crown Court before a judge and jury (as Mr Gerard�s trial is being heard). The choice of venue firstly rests with the magistrates who can accept or decline jurisdiction when they have heard outline facts of the offence. According to their guidelines an offence of Affray should be sent to the Crown Court when there is a �Fight involving a weapon/throwing objects, or conduct causing risk of serious injury�.
Of course I don�t know all the facts and I�m only guessing, but from what I�ve seen and heard of these events it seems that no such feature was present and I would be surprised if magistrates declined jurisdiction.
However, even if they agree to keep the matter in their court, the defendant has the right to opt for Crown Court trial. Normally solicitors would advise clients to opt for magistrates� court trial if it is offered, but I strongly suspect that Mr Gerard was advised to go to Crown Court as the likelihood of sympathy from a Liverpool jury was greater than it might be from a bench of magistrates, as trt suspects.