Homeless Sunderland man escapes fine despite breaching banning order

They refused to fine Mark Dagg, 46, or make him pay any monetary penalty due to his lack of funds and existing debt to the courts of almost £2,200.

Dagg was issued with a section 35 anti-social behaviour dispersal notice by officers on Wednesday, March 12, and again on Tuesday, May 20.

Each notice was for 48 hours but Dagg was found in central Sunderland within that time frame on both occasions, once in Stockton Road.

After being arrested for the first of those offences, he was held in police custody for a day.

Prosecutor Paul Anderson told magistrates in South Tyneside: “These are both similar offences.

“Mr Dagg is a man of no fixed address and like many people of that ilk, he gravitates towards the city centre.

“Police say that they’ve issued him a direction to leave because of anti-social behaviour taking place.

“He was given the notices and told to stay away for a certain period of time, but he didn’t do so.

“That’s it in a nutshell. They are straight-forward matters. He also has a record, which is quite extensive.

“There are 63 previous convictions from 121 offences, with the most recent being in March.

“He did serve one day’s detention on March 13. Prior to that, it was off to prison for shoplifting. He owes a considerable amount.”

Dagg pleaded guilty to two counts of breaching a section 35 order.

The court heard he has two fines’ accounts, owing sums of £1,919 and £274, neither of which is being repaid.

Angus Westgarth, defending, told magistrates: “I hope to persuade you to deal with this by way of one day’s detention and that time has been served.

“He’s homeless and the police are used to seeing him. He can’t go very far and is inevitably arrested and detained for these matters.”

Magistrates sentenced Dagg to one day’s detention, which they said he had already served – and set him free.

They told him they would impose no financial penalty due to his lack of means.