Homeless man ‘regretful’ he swore at PCSO

A homeless man has been sentenced for yelling in a police officer’s face when asked to move on.

Barry Carter, 39, whose address is listed as Julian House homeless hostel in Bath, was in court to be sentenced for using threatening behaviour after previously pleading guilty to the charge.

He had also been convicted of repeated begging in a public place.

Carter was charged with placing himself on Old Bond Street “to beg or gather alms” contrary to the Vagrancy Act of 1824 and the Criminal Justice Act of 1982.

Bath Magistrates’ Court heard how on December 1, 2019, two PCSOS were on patrol in Bath when they saw a container on the pavement in front of Carter, who they recognised. They shifted the container onto his bedding and asked him to move away from the area.

When they returned an hour later they found him still under the bedding and he swore, putting his face around 4.5 inches from PCSO Richard Riley’s and shouting abuse.

Prosecution noted that Carter has a number of previous convictions for similar public order offences and that he was already on a community order.

Probation explained that Carter was quite angry at being woken up. He claims he wasn’t actively begging at the time.

“He was actually quite regretful about it. He said he engages his mouth before his mind,” the probation officer said.

The court heard how Carter used to be a heroin user, but is now on methadone to fight his addiction. He doesn’t receive any benefits and goes to Julian House for his meals.

Defence added that in bodyworn camera footage, Carter can be heard apologising for his actions.

Sentencing Carter for his threatening behaviour, the magistrate said: “Credit to you, you’re trying to sort yourself out.”

Carter was given a 12-month community order, with 30 rehabilitation days. There was no financial penalty due to his “very limited means”. There was no penalty added for the begging charge.