Robert Swan (35) was told if there had been even the slightest chance of the spit landing on or near an officer he would have been heading for a prison sentence.
He appeared at Falkirk Sheriff Court last Thursday having pleaded guilty to behaving in a threatening manner and attempting to spit on a police officer in Falkirk Police Station, West Bridge Street on March 21 last year.
Procurator fiscal depute Rebecca Reid said: “It was 11pm within the custody suit and the accused was being supervised by two police officers and made a homophobic remark towards one.
"Shorty afterwards the accused was taken and given his rights as an arrested person. he then became aggressive and attempted to spit on a police officer.”
Fortunately police had applied a spit hoot to Swan and the only person he was able to spit on was himself.
Murray Aitken, defence solicitor, said: “At the time he was wearing the hood, so it was a pointless exercise – the only person it would have landed on was him.”
Sheriff Derek Livingston said: “If there had been any danger of it landing on anyone you would be going to prison – this was when lockdown was imposed. You do seem to have got yourself together.”
He placed Swan, 14 Castings Road, Falkirk, on a restriction of liberty order, meaning he has to stay in his home address between 7pm and 6am for the next 162 days.