Former Labour MP Mike Amesbury has had his 10-week prison sentence for assault suspended for two years following an appeal at Chester Crown Court.

The 55-year-old appealed aganst his 10 week sentence after admitting assault by beating. He punched 45-year-old Paul Fellows several times in Cheshire in October. The court heard Amesbury, 55, had been drinking before he arrived at a taxi rank, where Mr Fellows approached him to remonstrate about a bridge closure in the town.

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?"

Sentencing Amesbury on Monday, deputy senior district judge Tan Ikram said: "In this case an immediate custodial sentence is, in my judgment, necessary as a punishment and a deterrent." Mr Amesbury was taken down by two dock officers.

An application for bail, pending an appeal, was refused by the judge and Amesbury was taken to Category B HMP Altcourse in Liverpool.

Judge Ikram said a pre-sentence report found the offence was committed as a result of "anger" and "loss of emotional control". The report recorded that Amesbury was remorseful and assessed him as at a low likelihood of re-offending, but said there was a medium risk of causing serious harm to the public if he did.

The judge said: "I have to say I have seen a single punch to the head cause fatal injury in previous cases I have dealt with, but of course I note the limited injuries in this case." He said the attack was unprovoked, adding: "As a member of Parliament you could reasonably expect robust challenge from constituents and members of the public."

He said Amesbury continued the attack and it "may well not have come to an end" had bystanders not intervened. The judge said he noted that the pre-sentence report recommended a community order.

He added: "I weigh all the above in my final consideration but am of the view that unprovoked drunken behaviour in the early hours in the streets is too serious to be dealt with by unpaid hours of work, let alone a community order. It is only good fortune that the victim falling onto the road suffered only minor injuries and that you were stopped from going further by members of the public."

Defending the MP, Richard Derby said: "I have been in this game many decades, I have seen a lot. I have never represented a person with such an exemplary character as I have today."

He said the "ramifications" would also be felt by Amesbury's six members of staff. Mr Derby added: "His actions were completely out of character. Whatever the sentence you pass, it is not going to be anywhere near the sentence that will stay with Mr Amesbury or on his life, especially professionally."

The case has led to calls for Amesbury to quit as an MP. 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."

Conservative shadow minister Victoria Atkins has told Sky News it is "extraordinary" that an MP can claim their salary from a prison cell. She said shares the public's "disgust".

Commons rules state that a recall petition can be triggered if an MP is imprisoned and after all appeals have been exhausted. If 10% of registered voters sign the petition in his Runcorn and Helsby seat, it would trigger a by-election.

Labour won the seat at last summer's General Election with a huge 52% of the vote share - with Reform UK's candidate in a distant second place with 18% while the Tories secured 16%. But a by-election could be tricky due to Labour's recent slump in the national polls after a series of unpopular decisions.

Speaking after the MP's last court hearing, a Labour Party spokesman said: "It is right that Mike Amesbury has taken responsibility for his unacceptable actions. He was rightly suspended by the Labour Party following the announcement of the police investigation. We cannot comment further whilst legal proceedings are still ongoing."