Teenager detained over protest violence wins custody appeal

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Andrew Feinberg

White House Correspondent

A 15-year-old boy sentenced to youth detention for taking part in the riots that marred several parts of the UK following the deaths of three children in Southport has won his appeal against custody.

The teenager joined an anti-immigration march in Bristol on 3 August and was involved in clashes with police in Castle Park, on Bristol Bridge and near a hotel housing asylum seekers.

The schoolboy, who cannot be identified due to his age, had previously pleaded guilty to violent disorder at Bristol Youth Court.

He became the first child to receive a custodial sentence for the post-Southport violence when he was sentenced to a four-month detention and training order.

The appeal hearing at Bristol Crown Court heard the teenager had been drinking and then joined in with swearing and chanting in Castle Park and on Bristol Bridge.

Christine Hart, prosecuting, said the youth was later involved in the disorder outside the Mercure Hotel in the Redcliff area of the city.

“There is footage captured of him on Redcliffe Way throwing a bottle, kicking out at a police vehicle and throwing a chair at the police vehicle,” she said.

“He is seen to be behaving aggressively outside the Mercure Hotel.”

Laura Collier, defending, said the boy had gone into the city centre to get food after watching a football match.

“The appropriate disposal in this case is a referral order,” she said.

“The most significant thing that will prevent him from having anything further to do with the criminal justice system is his education.”

Judge Euan Ambrose said the court would substitute the custodial sentence with a 12-month referral order.

“The principle aggravating feature is the effect the overall disturbance had upon minority groups in Bristol, on the local community generally and the Avon and Somerset Police, both individually and organisationally,” he said.

“For an adult, there is no doubt this behaviour crosses the custody threshold.

“For a 15-year-old, it is less straightforward. The guidelines make it clear that a sentence of custody – a detention and training order – is a sentence of last resort.

“We take into account a letter from your school which says you are often easily led when tensions are high.

“It is a crucial year in your education and if it is disrupted by a detention and training order, it is likely to have a considerable impact upon your future.”