Disorder court cases: How are the sentences measuring up?

A judge has urged prosecutors to consider charging offenders playing central roles in disorder across the UK with an offence carrying a maximum sentence of 10 years in jail.

It comes after a man was sent to prison for three years after kicking a female police officer to the ground during unrest in Hull.

Here the PA news agency looks at how the sentences are measuring up.

So far at least 69 adults have been sentenced, out of 372 charged, according to analysis of information compiled by the PA news agency.

More detailed information is being gathered on the number of children in court over the unrest but so far at least 65 under 18s are believed to have been charged.

– How long have adults been sentenced for?

The longest jail sentence so far was handed to Gareth Metcalfe, 44, from Southport, who was jailed for three years and four months after admitting participating in violent disorder in his home town when he was identified by police from social media footage.

The shortest sentence to date has been for two months –  handed to Lee Dunn, 51, for sending offensive messages; and James Nelson, 18, for criminal damage to property valued under £5,000.

The average length of jail time being served by adults across all charges for those sentenced is 22 months.

– What charges are people facing and what punishments do they carry?

The majority of charges so far have been for violent disorder, which carries a maximum jail sentence of five years. Sentences can range from anything from a community order to increasingly longer spells in prison up to the maximum.

The Sentencing Council said that when determining culpability, magistrates and judges tasked with handing down the punishment for such crimes will consider details including whether the offender “participated in incident which involved widespread and/or large scale acts of violence on people and/or property”.

The level of harm the crime caused is also assessed, as are other so-called aggravating factors in the case like if the defendant had previous convictions, and if the offence was motivated by, or demonstrated, hostility towards characteristics including a victim’s religion or race.

Reductions to sentences are considered for guilty pleas as well as other potentially mitigating factors.

On Wednesday as he sentenced Connor Whiteley, Judge John Thackray KC, the Recorder of Hull, said: “The prosecution do need to look, for those who are playing front and central roles, at the alternative charge of riot rather than violent disorder.”

The maximum term for rioting is 10 years, according to sentencing guidelines, with a range from three years upwards.

This more serious charge can only be dealt with by judges in crown courts, who consider whether an offenders’ actions “escalated the level of violence and/or disorder” when determining culpability.

Considering the level of harm caused, judges can take into account whether the incident caused “serious disruption or severe detrimental impact to the community” as well as a similar list of aggravating factors.

– What about those guilty of online offences?

The 53-year-old, who the court heard lived a “quiet, sheltered life” but “chose to take part in stirring up hatred”, was jailed for 15 months after admitting sending a communication to convey a threat of death or serious harm.

The Sentencing Council said there are not any guidelines specific to this relatively new offence yet after it was brought in under the Online Safety Act 2023.

When specific guidelines for charges or a range of charges are not produced, magistrates and judges are bound by general sentencing guidelines which apply to all cases to ensure consistency and will also draw on any relevant case law.

Because the general guidance applies to such a range of offences with different characteristics, this means sentencing levels and maximum sentences are not specified, the Sentencing Council said.