Sunderland man kicked out of city centre for begging 'boxed in' because he lives in Hendon, court told

Defence lawyer Andy O’Hanlon said offender James Williams, 44, had been unfairly dealt with following his arrest under section 35 antisocial behaviour law.

Williams, of Tatum Street, Hendon, was ordered to leave a designated area of the city for 48 hours after being caught begging at 5.41pm on Thursday, August 29.

But police spotted him at the same location in Crowtree Road at 11.40am on Saturday, August 31, magistrates in South Tyneside heard – leading to his detention.

They then bailed him to stay out of the city – only for them to arrest him for breaching that condition when he reappeared again on Saturday, September 28.

At South Tyneside Magistrates’ Court, Williams admitted breaching a section 35 directive and pleaded guilty to breaching his bail.

Mr O’Hanlon accused police of routinely adding bail conditions when releasing people arrested for section 35 – punishing them further and unfairly.

He revealed a Newcastle court had recently written to Northumbria Police to query why cases like Williams’ were being brought before it.

Mr O’Hanlon told magistrates: “The legislation was brought in to ensure people could be dispersed from city centres for a period of time. The maximum is 48 hours.

“The problem is that, where someone like him lives in Hendon and comes into the city centre, they will be found and charged.

“The police, sadly and routinely, put on bail conditions, saying that they must keep out of the city for a month or more.”

He added: “He is boxed in because he lives in Hendon. It’s something I expect you’ll want to watch in the future.

“A Newcastle court has written to the police about cases like this being brought into court. It’s not what the legislation was meant for.

“He has mental health issues. He’s been in custody for the best part of two days.”

The court heard Williams has offences dating back to 2005 and his last three relate to section 35 directives.

Prosecutor Paul Doney said: “A PC was patrolling the city centre and when he saw the defendant sitting in Crowtree Road.

“He had a bag and was begging and drinking from an open can of alcohol. A dispersal was issued due to incidents including aggressive begging.

“Due to him drinking from a can, a 48-hour dispersal notice was issued. The defendant became verbally abusive and refused to sign.

“At about 11.40am on August 31, an officer, being aware that the defendant had a dispersal notice, saw him sitting in Crowtree Road.

“He was in a position that would encourage the public to give him money. He had a blue carrier bag. He was arrested.”

Magistrates adjourned the case for reports and granted Williams unconditional bail to be sentenced at the same court on Tuesday, November 19.