Footballer Joey Barton will be freed from jail tonight after bail was granted by a Crown Court judge.

The 25-year-old Newcastle United and England midfielder, who is facing charges of actual bodily harm and affray, has been in custody since he was arrested on December 27th.

Following an hour-long hearing in chambers before Judge David Swift at Liverpool Crown Court, Barton was told he can be freed from Liverpool Prison.

No conditions of bail were released by the court.

Barton's solicitor Daniel Weed said: "Mr Joseph Barton has been granted bail with conditions until he appears at Liverpool Magistrates' Court on January 16th."

It was intitally reported he would remain in jail after a court upgraded his assault charge and refused to grant him bail.

Barton today appeared before Liverpool magistrates via video link from Liverpool's Walton Prison wearing a grey prison-issue jumper and jeans.

During the hearing the assault charge against him was upgraded from a Section 39 common assault to a Section 47 assault occasioning actual bodily harm.

It has been alleged Barton and a group of his friends were involved in two separate incidents following a row with another group inside a McDonald's restaurant in Church Street, Liverpool, at around 5.30am last Thursday.

The player's brother, Andrew Barton, 19, from Widnes, is charged with actual bodily harm and affray and Nadine Wilson, 27, from Huyton, Merseyside, is charged with common assault and affray.

They did not appear today but will stand alongside him in the dock at Liverpool Magistrates' Court on January 16th.