A Bowhouse convict was told he will serve more time in custody for his part in a prison riot  - after stating "f*** the system" and punching the air while sitting in the dock.

Lee Neil McLelland, 39, and Nicholas Depellett, 31, admitted threatening behaviour during the disorder in HMP Kilmarnock after prisoners were put on lockdown after taking control of a wing following a protest over mail back in 2019.

When the pair appeared from custody today (Wednesday, September 28) Kilmarnock Sheriff Court heard McLelland was on remand.

The Procurator Fiscal depute said: "At 6pm on Saturday, August 10, 2019 the accused and around 40 other prisoners refused to comply with prison officers' instructions to lock up - instead gathering in the communal area wing in a peaceful protest after not recieving mail.

"The behaviour then began to deteriorate, forcing staff to retreat to the safety of the central hub and securing the security gates.

"This had the outcome of locking all prisoners in the area - but in effect gave control of the wing to the prisoners.

"Prison negotiators attempted speaking to the prisoners through the security gates - this was unsuccessful. 

"Prison officers in riot gear eventually managed to enter the wing. Disorder continued until around 10.20pm when all the prisoners were eventually secured in their cells. 

"Due to the level of disorder, 50 prison officers attended including some recalled due to days off. The full incident was captured on CCTV.

"The accused Nicholas Depellett was seen at 9.45pm approaching prison officers then shouting and acting aggressively. Towards the end of the incident, he can be seen throwing broken pieces of ceramics and refusing entry to prison officers.

"Accused McLelland was involved from start to finish, he can be seen acting aggressively towards prison officers throughout the incident. He can be seen throwing a bucket of liquid containing hot water at security gates. 

"He pushed a pool table and tennis table against a security gate, and put a mattress against a door to prevent prison officers gaining access to the wing."

As he sat in the dock McLelland said "f*** the system, f*** them", as he repeatedly punched the air during the Crown's narration of the incident.

The fiscal depute continued: "He can also be seen with a sock with a weighted item in it which he used to strike a CCTV camera and an ATM machine causing damage."

"He could also be seen throwing metal bin frames at officers", the fiscal depute added, as Mclelland interjected: "And a sink as well."

The fiscal depute continued: "The accused then went upstairs on the first floor and threw a bin on prison officers standing on the ground level.

"He was also observed throwing broken pieces of ceramics on prison staff wearing PPE equipment.

"He then approached prison staff with a basin liquid throwing it over them then threw the basin at them.

"The accused then approached a group of prison officers and spat on the plastic visor one was wearing on their face."

McLelland's solicitor Simon Brown told the court his client was currently on remand and recognises "there wasn't any prospect of a non-custodial sentence" and simply wished to resolve matters as "quickly as possible".

Sheriff Murdoch MacTaggart told the accused: "You have a very lengthy and terrible record", as McLelland replied "ken".

Sheriff MacTaggart continued: "Your behaviour on this occasion was absolutely dreadful - the only appropriate sentence is one of custody."

McLelland, of Drongan, was sentenced to 21 months in custody - discounted from two years.

Sentencing was deferred on co-accused Depellett whose address was listed as Montrose, for a restriction of liberty order assessment and social work reports.

He will return to court at a later date.