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 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, who cannot be named due to his age, had pleaded guilty to violent disorder and burglary on Saturday and was due to be sentenced on Thursday at South Tyneside Magistrates Court.
But earlier in the day, the Crown Prosecution Service 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.