Disgraced MP Mike Amesbury has had his 10-week prison sentence for assault suspended for two years following an appeal at Chester Crown Court.
However he is still in danger of being kicked out of the House of Commons.
He was pictured in handcuffs as he prepared for a court hearing where he is appealing against a 10-week sentence for punching a constituent.
Amesbury, who was suspended from the Labour party following his arrest last year, was jailed on Monday but was appealing against the sentence which leaves him at risk of being ousted if his constituents back a petition calling for a by-election.
But while the suspension means he could be spared jail, he might still lose his seat – because the rules state a recall petition takes place if an MP receives a custodial sentence even if it is suspended.
The Runcorn and Helsby MP, 55, was attending Chester Crown Court.
There is no automatic suspension for MPs serving a custodial sentence, although opposition parties have called for Amesbury to resign so a by-election can be held.
Mike Amesbury in handcuffs as he arrives at Chester Crown Court (Image: PA)
Mike Amesbury in handcuffs as he arrives at Chester Crown Court (Image: PA)
At Chester Magistrates’ Court on Monday, deputy senior district judge Tan Ikram told Amesbury an immediate custodial sentence was necessary “as a punishment and a deterrent”.
Amesbury pleaded guilty in January to assaulting Paul Fellows, 45, following a row in the street in Frodsham, Cheshire, in the early hours of October 26 after he had been drinking.
Footage showed Amesbury punching Mr 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?”
An application for bail, pending an appeal, was refused by the judge and Amesbury was taken to Category B HMP Altcourse in Liverpool.
Amesbury will continue to be paid his £91,000 MP’s salary while in jail unless he resigns as an MP or is suspended, the Independent Parliamentary Standards Authority confirmed.
Speaking to BBC Radio 4’s Today programme on Tuesday, Home Secretary Yvette Cooper said: “I want to see him either obviously resign or face recall, and so that we can have a new MP in place.”
