Teenager spat in Barnstaple police officer's mouth

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Friday, October 17, 2008
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This is NorthDevon

A BARNSTAPLE police officer hit a teenager who spat in his mouth, a court has heard.

PC Andy Lear struck 18-year-old Ross Jones, of Oliver Road, Gorwell — who had been arrested after causing trouble on a bus — to distract him, Barnstaple magistrates were told.

Jones appeared in court last week charged with causing criminal damage to a light fitting and assaulting a police officer in the execution of his duty. He pleaded guilty to both charges.

The court heard that Jones, who had been drinking alcohol, was travelling by bus from Tiverton to Barnstaple on September 23. Near South Molton, the bus driver noticed a smell of burning coming from the top deck. The driver went to investigate, saw Jones burning a plastic covering for a light, and called the police.

Jones was then driven to Barnstaple by police car. Although the mood was at first "convivial", it quickly deteriorated. There was swearing and Jones was handcuffed.

Just after the police car arrived at the station, Jones "spat, with force" into PC Lear's mouth, solicitor Neil Lawson said. The officer responded by striking him.

PC Lear said he had hit the defendant to distract him. He added he was shocked by what had happened and did not know if Jones had an infectious disease.

In mitigation, solicitor Tim Hook said police officers had upset Jones by making a remark about his mother.

Mr Hook said: "I'm afraid a lot of people can withstand comments about themselves but can't stand comments about someone else, particularly their mum."

Magistrate Michael Downward said the attack by Jones was a serious one and could result in imprisonment.

Jones was given a six-week curfew between 7pm and 7am. He was also ordered to pay compensation to Stagecoach of £90 and £100 compensation to PC Lear.

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  • Profile image for This is NorthDevon

    by David Lake, Drifting.

    Thursday, December 11 2008, 3:47PM

    “I was interested to read this story, in part because I am interested in how the police behave in the course of their duty. It seems to me a major responsiblity of all officers is to use the minimum necessary violence (especially when provoked). In this case it would appear that a drunken detainee was wound up by being offerred an insult. It is not clear to me what the point of this was. As a detainee, I'd have thought Jones would have certain PACE rights to civil treatment by the police, while under arrest?

    If Jones was still handcuffed when he was hit, surely this would be below best practise standards - and permission to "assault to distract" doesn't appear in the PACE rights manual, to the best of my knowledge - though if someone can find it for me, I am willing to be corrected.

    I know that policing Barnstaple is tough, but the skills of avoiding a confontational situation and keeping things as "convivial" as they were when the arrest was initiated, is an important skill for all police officers.

    I wonder: if a member of the public had behaved as PC Lear did, would charges of bodily harm and public order have been considered?

    It may well be right that police in other countries can guarantee safer streets by having much wider guidelines on violence than our own regulations. That's an important debate to have, but in the meanwhile our own officers need to be very sure to stay inside the current guidelines of behaviour, that parliament (in the form of PACE rights) sets for them. The story above (if exactly true as described) seems to provide a situation in which this might not have happened.

    I wonder: after Mr Cotton's very naughty suggestion that the NDJ is a little partisan (most untrue, surely?), would a senior police officer care to comment on PC Lear's actions?

    Surely it will not become common practise in future for D&C Constabulary detainees to be provoked by insult, and then hit?”

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    by Michael, Cyprus

    Sunday, October 26 2008, 10:51AM

    “I retired to N.devon some years back,but as the yobs started to become as big a nuisance as the more populated towns and Counties,my wife and I now live permanently abroad,where we can walk around day or night without any seeing drunken yobs mouthing off or destroying local ameneties.It is correct that most of your readers comment that support for authority in the UK is lacking nearly all of the ex pats living here claim to have been driven away from the Uk by street crime and taxes.UK taxes should be spent on policing Britain and not Policing the world..”

  • Profile image for This is NorthDevon

    by Mike, Barnstaple

    Sunday, October 19 2008, 5:52PM

    “I'd have killed him, I would not got as far a court.”

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    by lee, bideford

    Sunday, October 19 2008, 8:59AM

    “Good on you pc lear god knows what diseases the toerag was carrying, if he had injected the policeman that would of been assault in my book spitting at him was the same thing. its about time we fought back against these yobs.”

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    by Steve, Barnstaple

    Saturday, October 18 2008, 3:40PM

    “Our society seems to be going down the drain. We should NOT be agrressive to anyone. The young person involved should not of spat anywhere never mind at someones face. The policeman should of used the proper method of restraint.
    we are quick to judge, yet we never reflect on our own behaviours. I now witness agrressive actions and rude attitudes within North devon. this is supposed to be a laid back county. HA HA its make me laugh”

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    by Antony, Devon

    Saturday, October 18 2008, 1:31PM

    “I think he prob should of been hit harder, dirty skank!”

  • Profile image for This is NorthDevon

    by crash ball, Bideford

    Friday, October 17 2008, 7:37PM

    “Well done PC Lear a victory for common sense,decency and respect at long last. Lets hope Jones has been firmly put in his place along with the rest of he Chav massive.”

  • Profile image for This is NorthDevon

    by Richard Best, Editor

    Friday, October 17 2008, 3:38PM

    “Sorry Johnny Cotton, what you on about? We've published three of your comments here!”

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    by K.Samuelson, Cheltenham

    Friday, October 17 2008, 2:34PM

    “I feel sorry for Tim Hook,the poor guy has had to defend the spitting toe rag because that is his job.”

  • Profile image for This is NorthDevon

    by Johnny Cotton, Holsworthy

    Friday, October 17 2008, 1:40PM

    “*Sorry whoever the administrator is I'm guessing I'm not allowed to have a bad view on the police?*

    The kid obviously had it coming and I'm pleased that the policeman gave him a smack. BUT if someone had insulted your mum what would you of done?”

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