What is the sentence for affray?

Question

My girlfriend was attacked by several people and ended up in hospital. She has been arrested and charged with affray because when she'd been kicked in the head on the ground and finally managed to get up, another girl came running at her, so my gf threw a punch. It didn't result in any injury for the attackers. It is going to crown court as my gf pleaded not guilty whilst the attackers pleaded guilty and got given a curfew. If injustice is served and they find my girl guilty, what is she looking at? She is a teacher with no previous.

Answer 1

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.

The magistrates or judge must also consider compensation for loss or damage caused by the offence to be paid by the offender to the victim(s).

Whether or not the offence is regarded as serious depends on the aggravating and mitigating factors.

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Answer 2

It's definitely not seven years...

More like community service and a fine.

Answer 3

In England at magistrates court up to £5K and/or 6 months, if it goes to Crown Court possible much more.

Tragically for your gf if found guilty she won't be allowed to teach anymore.

Answer 4

she wont get time.... fine and community and maybe a cognitive thinking course xx

dont worry hun

Answer 5

7 yrs for affray