Boy, 15, wins custody appeal after violent protest
- Published
A teenager who was sentenced to youth detention for taking part in a violent protest has won his appeal against custody.
The 15-year-old joined an anti-immigration march in Bristol on 3 August and was involved in clashes with police at 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
Judge Euan Ambrose told the appeal hearing at the city's crown court, it would substitute the custodial sentence with a 12-month referral order.
The violence erupted in several parts of the UK following the deaths of three young girls in Southport, Merseyside on 29 July.
The appeal hearing was told the 15-year-old 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.
"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."
But Laura Collier, defending, argued for a referral order rather than custody.
"The most significant thing that will prevent him from having anything further to do with the criminal justice system is his education," she said.
Mr Ambrose said the "effect of the overall disturbance", including on minority groups and police was the principle aggravating feature.
"For an adult, there is no doubt this behaviour crosses the custody threshold," he said.
"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."
He told the boy it was a "crucial year in your education" and such an order was "likely to have a considerable impact upon your future".