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Mike Amesbury, the MP for Runcorn and Helsby, has been sentenced to 10 weeks in prison for punching a man to the ground.
Amesbury, who was suspended by the Labour party after an investigation, last month admitted a single charge of section 39 assault in relation to the incident after a night out in his constituency.
The Labour party said Amesbury’s constituents “deserved better” by means of a “new Labour MP” after the sentence that appeared to blind side Amesbury and his legal team.
Police interviewed the 55-year-old after footage of the incident, which took place on Main Street in Frodsham, Cheshire, in the early hours of 26 October last year, was published by MailOnline.
The video, taken from a CCTV camera, showed Amesbury hitting his victim, 45-year-old Paul Fellows, in the face, knocking him to the ground.
At Chester magistrates court, the deputy senior district judge, Tan Ikram, sentenced Amesbury to 10 weeks in jail. The judge told him he would serve 40% of the term in jail and the rest on licence.
Ikram said: “You were out drunk in the early hours. The attack was unprovoked. Being in drink is no excuse and as a member of parliament, you could reasonably expect robust challenge from constituents and members of the public.
“You continued the attack whilst the victim was on the ground. This incident may well not have come to an end had the bystander not intervened. Your conduct would have had impact on others watching on. You continued to rant as you left.
“Your reference to being a member of parliament in the aftermath brings negative impact to the office you are privileged to hold. Your profile and position of power as a servant of the people ought to be a role model to others. That is something you have to been mindful of in all that you do.”
The conviction could pave the way for a byelection in Amesbury’s constituency. Amesbury won his seat at the last general election 235 days ago.
The court heard Amesbury had been drinking before he arrived at a taxi rank, where Fellows approached him to remonstrate about a bridge closure in the town.
Footage showed Amesbury punching Fellows to the head, knocking him to the ground, then following him on to the road and starting to punch him again, at least five times.
He was then heard saying: “You won’t threaten your MP again will you, fucking soft lad.”
The sentence was met with apparent shock in the courtroom. Richard Derby, representing Amesbury, asked the judge: “Is that an immediate sentence?” The judge nodded, replied “yes” and left the courtroom.
Derby then requested the judge come back into court as he wished to make an application for bail for Amesbury, pending an appeal against his sentence. Ikram returned to court, sat down, paused briefly and said: “Application refused.”
A byelection would be triggered if Amesbury resigns as MP. As Amesbury’s sentence is less than a year, he is allowed to continue as an independent MP during any appeals he might make, but if those appeals are unsuccessful he would then be subject to a recall petition.
The petition would be open for six weeks and 10% of voters in his constituency would need to sign it to remove Amesbury as MP. If the threshold is met it would trigger a byelection.
A Labour party spokesperson said: “The Labour party took swift action following Mike Amesbury’s completely unacceptable actions and he is no longer a Labour MP or a member of the Labour party. It is right that Mr Amesbury pleaded guilty and has now been sentenced.
“Local residents in the Runcorn and Helsby constituency deserved better and we look forward to them getting the representation they deserve in the future with a new Labour MP.”
