Jailed Somerset councillor may not have to stand down as appeal planned
Councillor Michael Dunk could remain in office as he considers appeal against prison sentence for M25 protest
A jailed Somerset councillor may not need to stand down if a planned appeal is taken forward.
Michael Dunk was one of two Green Party councillors elected to represent the Frome West division at the local elections in May 2022.
Mr Dunk (known affectionately as ‘Mick’) was among numerous Just Stop Oil activists who climbed gantries on the M25 on November 8, 2022 to demand an end to new fossil fuel projects.
Mr Dunk will spend Christmas in prison after being sentenced at Southwark Crown Court on Friday (December 5) to 26 months’ imprisonment and ordered to pay £4,380 in costs – with a Crowdfunder set up to pay these costs managing to raise more than £6,000 as of Tuesday morning (December 9).
Councillor Martin Dimery (who represents the same division) has now confirmed that Mr Dunk may not need to immediately vacate his seat, as he explores the possibility of appealing his conviction.
Mr Dimery said: “Mick has a short time in which to appeal against the sentence.
“He is entitled to remain a Somerset councillor during this period and while awaiting an appeal hearing.
“The hearing may take a very long time, so he has to consider that against the terms of remission which will shorten his sentence.
“For example, the eight days he spent in a Category B prison, following arrest, will be deducted.
“He was allowed out on curfew, meaning he was tagged, for six months. That equates to a three-month deduction of his sentence.
“If an eventual sentence of three months or more is passed, be it suspended or not, then he will be disqualified from the council.
“Throughout, he has been treated as if he were involved in a violent, rather than peaceful, demonstration.
“The current sentence is comparable to those handed out to the Southport rioters in 2024.”
Under the Criminal Appeal Act 1968, individuals convicted of a crime by a crown court have 28 days from the date of their conviction to lodge an appeal – with some additional time being granted under exceptional circumstances.
Regardless of whether or not any appeal proceeds, Mr Dunk will not be eligible to vote on the council’s next budget, which is due to be agreed by the full council on February 25, 2026.
Even if he remains a sitting councillor at the time of this budget meeting, only councillors physically present at the full council meeting (and those who have no arrears in their council tax payments) are eligible to vote on the budget proposals.
Somerset Council confirmed that Mr Dunk had not been asked to stand down following his conviction, and no reserve date for any by-election had been set.
A spokesperson for said: “We are aware of the sentence given to councillor Dunk on Friday, December 5, 2025.
“His disqualification from holding office does not take effect immediately upon conviction but only applies after the period for lodging an appeal has expired – or if he lodges an appeal, after the conclusion of the appeal and he is unsuccessful.
“Councillor Dunk remains a councillor unless he chooses to resign and decides not to appeal against the conviction and sentence.”