MP Mike Amesbury's jail term suspended on appeal

Paul Burnell
BBC News
PA Media Mike Amesbury, a middle-aged white man with short, grey hair, is wearing a black jacket with a white shirt and dark red tie. On top of his suit he wears an unzipped dark coat. He is surrounded by journalists, and there is a large fluffy microphone being pointed towards him.PA Media
Mike Amesbury was sent to prison immediately after he was sentenced on Monday

MP Mike Amesbury, who admitted repeatedly punching a constituent in the street, has had his 10-week prison sentence suspended following an appeal.

The Runcorn and Helsby MP assaulted Paul Fellows, 45, following a row in Frodsham, Cheshire, last year and was jailed by magistrates on Monday.

Amesbury, who had the Labour whip removed in October, launched an appeal and a judge said that while the length of the sentence had been "spot on", it should be suspended for two years.

Judge Steven Everett, sitting with two magistrates at Chester Crown Court, also ordered Amesbury to carry out 200 hours of unpaid work.

PA Media Mike Amesbury, wearing a black coat and white shirt, enters the court building handcuffed to a partially obscured prison officer.PA Media
Mike Amesbury for his appeal hearing wearing handcuffs, having being brought to court from prison

Amesbury must also undertake an alcohol monitoring programme, go on an anger management course, and carry out 20 days of rehabilitation work.

His sentence still leaves the 55-year-old MP, who now sits as an independent, at risk of being ousted.

If at least 10% of his constituents back a recall petition, a by-election will take place.

Leaving court, Amesbury refused to answer questions from the waiting media about whether he would resign as an MP.

But he said: "I'd like to reiterate that I sincerely apologise once again to Mr Fellows and his family.

"I'm now going to go and see my family, and go home, and I'll give a statement at a later stage."

CCTV footage captures Mike Amesbury punching constituent Paul Fellows in Frodsham, Cheshire, in the early hours of 26 October 2024

Video footage of the assault, which happened near a taxi rank in the early hours of 26 October, which was played in court.

It showed Amesbury punching Mr Fellows in the head, knocking him to the ground.

The politician then hit him at least five more times and swore at him.

Amesbury was then heard saying: "You won't threaten your MP again, will you?"

Judge Everett told Amesbury the facts showed him "in a truly unfavourable light" and, as an MP, he "should be showing an example".

While acknowledging it would be wrong to sentence him differently because he was an MP, the judge added: "That doesn't mean we can't take into account that your behaviour as an MP was simply disgraceful."

He said he also could not ignore Amesbury's "heavy drinking and fighting".

'Pack of lies'

The former Labour politician had arrived at court in a prison van and wore handcuffs as he was led into the building.

The court heard that, in a prepared statement given in a police interview, Amesbury claimed he had been approached by a man "shouting and screaming" about local and national matters.

The MP said that, because he was terrified and the other man's "arms were swinging", he felt he had no option but to "defend" himself.

But the judge told him the CCTV pictures revealed a very different story.

"In reality, you told the police a pack of lies. Nothing more, nothing less," he said.

Judge Everett questioned why a charge of affray - which can carry a longer sentence - had not been brought by the prosecution.

Daniel Travers, defending Amesbury, told the court: "He's now had three nights in prison which is an experience he will never forget, certainly."

He said the "public shaming" and "embarrassment" had had a huge impact on his client.

"This is a man who will certainly rehabilitate," said Mr Travers. "He will learn a very painful lesson."

'Parliamentary rules'

The confirmation of Amesbury's prison sentence, even though it has now been suspended, could still result in him being ousted from the Commons.

The long-time Labour politician has been sitting as an independent MP for the last four months, following his suspension by party bosses.

Under parliamentary rules, if an MP receives a custodial sentence a "recall petition" is triggered.

After hearing from Chester Crown Court, the Speaker of the House of Commons will contact the returning officer for Amesbury's Runcorn and Helsby constituency.

Constituents will then have six weeks to ask for their MP's removal by registering at 10 nominated places.

If at least 10% of them vote to remove Amesbury, a by-election will be called.

It would be the first by-election since Labour came to power following the July 2024 general election.

Having first been elected as a Labour MP in the Cheshire constituency of Weaver Vale in 2017, Amesbury comfortably won the Runcorn and Helsby seat which was created following boundary changes.

He secured 53% of the vote and enjoyed a majority of more than 14,000.

Reform UK beat the Conservatives (16%) into second place.