Convicted trio will not face upgraded riot charges after a violent disorder related to an immigration protest.
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Adey, Hodgson, and Kellett admitted to violent disorder soon after the events of August 2nd. Adey is nineteen, Hodgson is forty-three, and Kellett is thirty years old.
Hodgson and Kellett received two-and-a-half-year sentences, while Adey received two years in a young offenders’ institution.
The Crown Prosecution Service wanted to upgrade the charges to “riot,” but the trio’s lawyers objected, arguing that the “riot” charge relied on the same evidence used for the violent disorder prosecution.
Judge Julie Clemitson considered these submissions and gave her ruling on Thursday, February 13th, with the defendants present in Newcastle Crown Court.
Judge Clemitson stated that the riot argument used the same facts as the violent disorder charges for all three defendants. She considered special circumstances to determine if the prosecution application was permissible and if new charges would be unjust.
While she appreciated the prosecution’s “exceptional” situation due to having many decisions in a short time, she also considered each defendant individually. She questioned whether those quick decisions outweighed their right to fairness, ultimately determining that pursuing riot charges against them was unfair.
The judge would upload her full reasoning later. Paul Jarvis, for the prosecution, may appeal, and the judge gave them until Monday, February 17th, to decide if they will.
Notably, in a prior case where the defendants hadn’t been sentenced yet, she allowed riot charges.