The Daily Telegraph

Policeman who was spat at ‘let down’ by court

Suspect who spat blood at arresting officer’s face receives community order, leading to criticism

- By Francesca Marshall

A CRIMINAL who spat blood in the face of a police officer has been handed a community order, prompting local police to label the court system a letdown to officers.

Pc Rhys Linge had been arresting Alexander Fleck, 22, when he was spat at with bloody saliva, prompting a health scare.

Fleck, who already has a criminal record for assaulting a police officer, was given a 12-month community order and told to pay £50 compensati­on by magistrate­s.

Now Pc Linge and Essex Police Federation have criticised the sentence.

The assault, which happened on Aug 31 in Clacton, meant Pc Linge had a “traumatic” wait for the results of hospital tests to ensure he had not been infected with any disease.

When Fleck appeared before magistrate­s, he admitted assault yet walked free, despite the maximum sentence for common assault being six months’ imprisonme­nt.

Following the sentence, the Essex police officer said: “If a magistrate was spat at I’m sure it would be a different outcome. It’s just wrong – all the work we put in to doing what we do.

“It’s the fact that this man is out again and the fact that the [compensati­on] money is such a low amount. There is no deterrent, and obviously members of the public now are going to view that as well. They feel that – and we feel that – the courts have let us down yet again, as they do quite often when it comes to assaults on officers. The courts are supposed to be there to finish off the second part of what we do, and they don’t, more often than not.”

Steve Taylor, chairman of the Essex Police Federation, labelled the sentence as being “incredibly poor”.

He added: “I do feel that our partners in the criminal justice system have let us down.”

Fleck pleaded guilty to criminal damage when he appeared at Colchester magistrate­s’ court. He was handed a 12-month community order and a rehabilita­tion activity requiremen­t for 40 days and treatment programme requiremen­t for 29 days.

A spokesman for the judiciary said: “All judges and magistrate­s deal with each case individual­ly. They are required to base their sentencing decisions on the facts of each case and within the relevant sentencing guidelines for the offence. For example, there may be aggravatin­g and mitigating factors in each case, which may influence the outcome of the sentence.”

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