Jail for addict who refusedto tell police he had needle

Duncan Marshall (44) cursed and swore at police when he was being searched and refused to tell them if he was carrying any sharp objects.

Marshall, who appeared from custody at Falkirk Sheriff Court last Thursday, had previously pled guilty to behaving in a threatening manner, drinking alcohol in public, and failing to disclose possession of a hypodermic needle at Falkirk Old Parish Church, Manse Place, Falkirk.

Procurator fiscal depute Susan Campbell said: “Police officers noticed the accused drinking alcohol from a container and told them he couldn’t do this in a public place, but he continued.

“He refused to be told and started shouting and swearing at police and continued to do so as he was being cautioned and arrested. When he was being searched he was asked by the police if he had any sharp items on his person – he said ‘I’m ‘no telling you f*** all’.

“When the officer carried out the search he notice a hypodermic needle in the front pocket of this jacket. The officer asked if the needle was capped and the accused told him to f*** off.”

Simon Hutchison, defence solicitor, said Marshall had certain difficulties while he was in custody because of the behaviour of his brother William and he had to eventually be transferred through to Kilmarnock prison As for the public drinking offence, Mr Hutchison said: “He had actually been in to see me and was celebrating so he had been drinking. The churchyard is a known social gathering place and unfortunately he chose to drink his wine there.

“He wasn’t very happy when the police stopped him.”

Sheriff John Mundy said deciding what sentence to pass on Marshall was now becoming quite a “complicated exercise”.

He sentenced Marshall, 35 Ettrick Court, Hallglen, to eight months in prison to run from August 24 when his existing term ends.