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Success for New Park Court members in resisting Prosecution upgrading charges to Riot

17/02/2025

Following legal argument before HHJ Clemitson at Newcastle Crown Court in January 2025, New Park Court members were successful in persuading the Judge that it would be an abuse of process for the Prosecution to further prosecute Defendants for offences of Riot when they had already pleaded guilty and been sentenced for offences of Violent Disorder arising out of substantially the same facts.

Nicholas Lumley KC, leading Richard Holland and both instructed by Annalisa Moscardini of Scanlans Solicitors, represented Leanne Hodgson. 

Danielle Gilmour, instructed by Dan Henderson of Hendersons Solicitors, represented Joshua Kellett.

The Defendants had all been arrested and charged following significant disorder in Sunderland town centre which took place on 2 August 2024, itself one of a number of events of national disorder which swept the country following the murders in Southport.

Hodgson, who was arrested on 3 August, pleaded guilty to Violent Disorder on 5 August and was sentenced on 9 August 2024.  Kellett, who was arrested on 3 August, also pleaded guilty to Violent Disorder on 5 August and was sentenced on 14 August 2024.

The Prosecution sought to bring a further prosecution for the more serious charge of Riot in against these defendants mid-way through October 2024, whilst the defendants were already serving substantial custodial sentences.

Nick, Richard and Danielle were able to successfully point the Judge to a long line of authority blocking such upgraded charges except in special or exceptional circumstances, and persuade the Judge that there were no such circumstances justifying these particular defendants being dealt with differently.

Following the Judge’s ruling announced on 14 February 2025, the Prosecution formally informed the Court on 17 February 2025 that they would not seek to appeal the Judge’s terminatory ruling.

The indictment has therefore been stayed and the Defendants will not face the more serious charges the Prosecution sought to bring against them, months after their conviction and sentence.

Authors

Nicholas Lumley KC

Joint Head of Chambers

Call 1992 | Silk 2012

Richard Holland

Call 2012

Danielle Gilmour

Danielle Gilmour

Call 2017

Related areas

Crime

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