Fresh appeal hopes for Bradford rioters

The civil rights lawyer Imran Khan is to seek a block appeal against what have been described as draconian jail sentences imposed on Asians after last summer's Bradford riots

The severity of the sentences – which average more than four years – has angered Asian families. They claim the crimes, which in some cases amount to little more than stone throwing, do not justify imprisonment. Such complaints prompted the Home Secretary, David Blunkett, to tell those who participated in the riots to "stop whining".

Yesterday, after a 22-year-old rioter, Shazad Ali, became the 38th individual refused leave to appeal, Mr Justice Wright indicated to Mr Khan, who represented the family of Stephen Lawrence, that the Court of Appeal might be prepared to look at an unusual block of appeal applications.

The ground is understood to be an alleged disparity between the consequences for Bradford rioters and for people involved in sectarian violence in Northern Ireland, or at football matches. In these cases the accused sometimes walk free because they were not technically participating in a riot.

More than 300 police officers were injured in the violence in Bradford in August last year. More than £27m damage was done, mostly in the Manningham area which has a large British Asian population.

But the Institute of Race Relations (IRR) and the Monitoring Group civil rights organisation claim the sentences do not fit the crime. They say the offenders were advised to surrender to police before it became clear that the disturbances would be classified as a riot. This made them liable to a maximum 10-year sentence for the offence of rioting.

Lawyers have been trying for weeks to appeal against sentences on a case-by-case basis. But their arguments have been foundering because there is no inconsistency between the sentences being handed out by the three Crown Court judges who are dealing with the rioters in Bradford.

Mr Justice Wright, sitting in chambers at the Court of Appeal, indicated yesterday that a group of the cases might be brought a full Court of Appeal hearing, so that the general level of sentencing might be considered instead.

The IRR said it was pleased by the development. The group claims the level of sentencing was set down by the the case of 19-year-old Shazad Ashraf, who was sent to a young offenders' institution for five years after confessing to throwing stones and a scaffolding pole at officers and vehicles during the riots. Ashraf, for whom Bradford's former council leader offered a character reference in court, said he threw missiles because "everyone else was doing it".

Richard Critchley, secretary of the West Yorkshire Police Federation, said: "We think the local community in Bradford support the sentences that were handed down."