The decision to charge a 15-year-old boy with riot is a “surprise” that “may have far wider repercussions,” a court heard.
The teenager, who cannot be named for legal reasons, became the first person to be charged with the offence following the recent national disorder.
Rioting is an offence that carries a maximum penalty of 10 years in prison – double that of a charge of violent disorder.
The boy, from Sunderland, had pleaded guilty to violent disorder and burglary in his home city at a hearing on Saturday and was due to be sentenced on Thursday at South Tyneside Magistrates Court.
But earlier in the day, the Crown Prosecution Service (CPS) confirmed they would be charging him with the more serious offence.
Chris Wilson, defending the teenager, told the court: “This morning I was contacted by the Crown Prosecution Service and informed that it was the intention of the prosecution to lay a charge of riot.
“This raises a number of complex issues.”
Mr Wilson asked for an adjournment of two weeks to discuss the evidence fully with the boy.
He said the situation “doesn’t sit comfortably with me, professionally or personally”.
“Clearly there are complex issues, and those issues may well have far wider repercussions,” Mr Wilson said.
District Judge Zoe Passfield adjourned the boy’s case until September 2 as she said the new charge must have come as a “surprise” to him.
She told the teenager: “The prosecution now want to bring a further charge of riot.
“It is an unusual situation when a new charge is brought after the person has pleaded guilty and it opens up complications that I and the lawyers need to consider carefully.
“I am sure what has happened today has come as a surprise, and will be confusing for you.”
Wearing a black shirt and trousers, the boy sat at the back of the courtroom with his mother throughout the hearing. His father watched from the public gallery.
Northumbria Police said the new charge had been brought as police reviewed hundreds of hours of footage captured during the disorder and gave new evidence to the CPS.
Assistant Chief Constable Alastair Simpson, of Northumbria Police, said: “I hope this sends a really strong message that, no matter how old you are, if you took part in the recent appalling events in Sunderland, you will face really serious charges.
“Our investigations team are doing a fantastic job trawling through the hours and hours of footage and intelligence we have from that night.
“However, as that evidence picture continues to build, if it becomes apparent that an individual may have been involved in further criminality, they will be brought before the courts again and charged with the most serious offence possible.”