A KENDAL man who spat and kicked a police officer was told his diagnosed behaviour issues were not a “get out of jail free” card. 

Scott Graham, 36, apologised for his latest criminal conduct at Carlisle Crown Court on Friday as he was handed an eight-month prison sentence. That was imposed for offending which occurred on 21st September.

It was just before 2am when an off-duty officer saw Graham at the back of Kendal police station. “He was looking into vehicles and believed to be under the influence,” said prosecutor Andrew Evans.

On-duty officers went to investigate and found Graham in a doorway in an agitated state, behaving unpredictably. He volunteered: “I have a knife in my pocket. It is for my own protection.”

A blade was recovered. Graham was arrested and at that point he became more abusive. “Threatening to smash the heads of officers, and cause them black eyes,” explained Mr Evans.

In custody he threatened to spit at officers. Attempts were made to apply a hood aimed at preventing such conduct.

“He (Graham) resisted and attempted to kick and push officers,” said the prosecutor. “He then bit down on the spit hood, preventing it from being applied. A PC worked to free it. As it was removed, the defendant spat directly at the officer. Spit landed on his cheek.

“The defendant grabbed the officer by the right forearm, causing reddening. The officer pushed the defendant off his arm and was kicked forcefully to the shin by him.”

Graham, of Ann Street, Kendal, later admitted assaulting an emergency worker and illegal possession of a blade in public.

The court heard he had 57 convictions for 115 past offences on his record.

Kim Whittlestone, mitigating, said Graham had been diagnosed with a very rare genetic condition which had caused behavioural and learning difficulties. A psychiatrist who had assessed and diagnosed Graham indicated that past behavioural problems exhibited by him could be attributable to a condition which, added Miss Whittlestone, made him “particularly vulnerable in the community”.

Graham told Judge Nicholas Barker of his assault on the PC: “I am very remorseful for doing that.”

Judge Barker imposed an immediate jail term, noting that Graham had four past offences on his record for blade possession, and 10 for assaults on emergency workers and threatening behaviour.

“I have a lot of sympathy for you, Scott Graham,” said the judge. “Those that are both with a condition that affects the way that they behave should be given sympathy.

“But it is not a ‘get out of jail free’ card so you can use it to explain criminal behaviour.

“The difficulty here is that the diagnosis was as long ago as 2021 and here you are still, in 2024, behaving like this.”