MP Mike Amesbury's jail term suspended on appeal

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.

Mike Amesbury arrived for his appeal hearing in handcuffs

Amesbury must also undertake a 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 enough of his constituents back a recall petition, a by-election would result.

Video footage of the 26 October assault, which was played in court, 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?"

'Shouting and screaming'

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".

The former Labour politician 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.

'Pack of lies'

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."

'Recall petition'

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.

This would be the first by-election under the new Labour government.

Amesbury comfortably won the newly created seat for Labour in July's general election, securing 53% of the vote.

With 18%, Reform UK beat the Conservatives (16%) into second place.