Sheriff slams police offer of fixed penalty over hospital offence

Brian Halliburton, of Dundee, followed staff around Dundee’s Ninewells Hospital, filming them and claiming that they were “neglecting patients”. When asked to stop filming, Mr Halliburton became agitated, shouting and swearing at staff in front patients.

He left the scene before police arrived but it took them three months to confront him.

When officers did catch up with Mr Halliburton they offered him a fixed penalty fine, which he refused, depute fiscal Vicki Bell told Dundee Sheriff Court.

Sheriff Alastair Brown said: “That is extraordinary given the location of this offence. Prison has to be a possibility.

“I have no idea what was going on in the head of the officer who decided to do that.

“People who behave in this way at A&E can expect a potential prison sentence.”

Mr Halliburton, 34, of Perth Road, Dundee, pled guilty to a charge of behaving in an abusive and threatening manner at Ninewells Hospital during October last year.

Larry Flynn, defending, said: “He’s under no illusions about how the courts deal with such matters.”

Mr Brown said: “The usual sentence for this sort of offending is one of imprisonment.

“I have to investigate direct alternatives to custody before I can sentence you.

“I’m making you no promises about what direction I will take.”

Sentencing has been deferred until July, while Sheriff Brown awaits social work reports and background checks.

A spokeswoman for Police Scotland’s Tayside Division said: “Police Scotland acknowledges the comments made by the sheriff and we will review the circumstances to identify if there are any learning points.”