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Man 'reasonable' to reject jacket | Man 'reasonable' to reject jacket |
(about 4 hours later) | |
A man who refused to carry out a community order while wearing a high visibility jacket had a reasonable excuse, a district judge has ruled. | |
Kane Beales, 19, of Caister, Norfolk, was accused of breaching the order by failing to work as instructed. | Kane Beales, 19, of Caister, Norfolk, was accused of breaching the order by failing to work as instructed. |
Great Yarmouth Magistrates' Court heard Beales was given the unpaid work requirement last September. | Great Yarmouth Magistrates' Court heard Beales was given the unpaid work requirement last September. |
The judge said the rule to wear the vest was introduced three months after the defendant signed his agreement. | The judge said the rule to wear the vest was introduced three months after the defendant signed his agreement. |
Beales was originally given a suspended sentence with an unpaid work requirement for possessing a knuckleduster, a flick knife and drinking excess alcohol in September last year, the court heard. | Beales was originally given a suspended sentence with an unpaid work requirement for possessing a knuckleduster, a flick knife and drinking excess alcohol in September last year, the court heard. |
'Cause humiliation' | 'Cause humiliation' |
He said at an earlier hearing that the jacket would cause him humiliation and embarrassment, and he should not be forced to wear it. | He said at an earlier hearing that the jacket would cause him humiliation and embarrassment, and he should not be forced to wear it. |
The Community Payback jackets were introduced as part of an initiative to show that justice was being done. | The Community Payback jackets were introduced as part of an initiative to show that justice was being done. |
Beales had denied failing to work as instructed and was prosecuted by the Probation Service, which argued that the public had a right to know what unpaid work was being carried out, and to see that justice was being done. | Beales had denied failing to work as instructed and was prosecuted by the Probation Service, which argued that the public had a right to know what unpaid work was being carried out, and to see that justice was being done. |
District Judge Philip Browning said: "The requirement to wear the marked vest was introduced and imposed some three months after the defendant signed his agreement, which did not include such a requirement, which in itself was an important and significant change. | District Judge Philip Browning said: "The requirement to wear the marked vest was introduced and imposed some three months after the defendant signed his agreement, which did not include such a requirement, which in itself was an important and significant change. |
"There is no evidence that the defendant was informed of the new requirement before he attended for work." | "There is no evidence that the defendant was informed of the new requirement before he attended for work." |
Beales' lawyer, Annette Hall, said the ruling was a "victory" but said it was unclear whether Beales would have to wear the jacket in completing the remainder of his unpaid work requirement. | Beales' lawyer, Annette Hall, said the ruling was a "victory" but said it was unclear whether Beales would have to wear the jacket in completing the remainder of his unpaid work requirement. |
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