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Daily Record
Daily Record
National
Hamilton Advertiser

Fined for curfew breach after claiming Covid-19 concerns at family home

A Hamilton offender who breached a curfew claimed it was no longer an option to stay at the family home because of the Covid-19 crisis.

John Terry said family members were concerned at him returning there after a spell in custody.

Hamilton Sheriff Court heard that police officers checking on him discovered he was not at the address where he should have been staying.

Terry, 36, admitted breaching bail conditions on June 30 and threatening or abusive behaviour at Wishaw General Hospital the next day.

He had gone to stay with a friend in Fleming Way, Hamilton, instead of remaining at his mother’s house in the town.

Emma Baker, prosecuting, said officers went to her address at 7.15pm on June 30 to see if Terry was abiding by the curfew.

His mum answered the door and told them she had not seen her son.

He was traced the next day at the Fleming Way address.

Ms Baker told the court: “Officers took him to hospital for observation.

“Later he became hostile, shouting and swearing at them. He said he would strangle one of them. His behaviour continued on the way to the police station.”

Defence agent Jackson Bateman said staying at his mum’s had turned out to be “untenable” for Terry after his release from custody on another matter.

The solicitor explained: “There were concerns due to the Covid-19 situation and, in particular, his brother suffering ill health.

“He contacted me in an attempt to have the bail address changed.

“When police traced him to Fleming Way they decided to take him to hospital out of concern for him.

“He was somewhat upset when they arrested him for breaching the curfew.”

Mr Bateman acknowledged that Terry had threatened an officer, but pointed out he was handcuffed at the time and not in a position to do anything.

He added: “It was a throwaway comment that he regrets.

“He’s had a drug problem over the years that is reflected in his record for theft and drugs offences.

“He is particularly vulnerable just now as he has asthma and is fearful of being sent back to custody.

“Perhaps, on a narrow margin, he could be given a fine as an alternative.”

Sheriff Douglas Brown fined Terry £290, reduced from £420 because of his early guilty pleas.

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