THE chair of the Scottish Police Federation has been left "appalled" after a man who viciously attacked two constables effectively 'paid his way out' of harsh punishment.
Edward Bayne, 51, pinned a male PC against a car and attempted to headbutt him. He also landed on top of a female PC, causing her to smack her head against a lamppost and cut her elbow. In addition, he kicked and punched out, and repeatedly attempted to bite the officers.
However despite the seriousness of his violent outburst, Bayne avoided jail, unpaid work and a Restriction of Liberty Order – and was instead fined for the attack.
The incident happened on August 4, 2018.
It was around 2.30am when Bayne's neighbours heard a front door slam shut. They looked out of their window and spotted the accused kicking their own door.
Bayne shouted, swore and demanded: "Get f*****g out here."
When the police arrived, the accused was found to be heavily under the influence of alcohol. He became argumentative towards the two constables and continued to shout and swear.
When told he was being placed under arrest, Bayne struggled with the male PC. He pinned the officer against the police car and attempted to headbutt him. The accused also aimed punches and kicks towards a female PC.
During the scuffle, all three fell to the ground. The female officer – who was caught beneath the two men – cut her elbow and hit her head against a lamppost as she landed on the ground.
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Bayne continued to lash out and repeatedly attempted to bite the constables before he was brought under control.
Given his aggressiveness, the male PC used an open hand to strike Bayne across the face to restrain him. Backup then arrived and the accused was put into a cell van before being transported to a station.
Bayne was cautioned, charged and later pleaded guilty.
At Glasgow Sheriff Court this week, Bayne was said to be "deeply ashamed and apologetic".
His lawyer claimed that he had never been in trouble with the police before and had "very little recollection of the event", but accepted the Crown's narrative. The outburst was described as a "one-off" and Bayne has had no difficulties with his neighbours since.
The accused also self-referred himself to an anger management course and completed a month-long programme.
The defence agent claimed Bayne's full-time job took him across the country, which would make him unsuitable for a Restriction of Liberty Order. However, he was in a position to pay a financial penalty.
Sheriff Alayne Swanson told the accused: "Your behaviour on the 4th of August gives you no credit whatsoever."
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Bayne, of Montford Avenue, was fined £600 and given 28 days to pay.
Following the conclusion of the case, Andrea MacDonald, chair of the Scottish Police Federation, said: "Police officers go to work on a daily basis to serve and protect the public regardless of the dangers they may have to face whilst doing so.
"It is completely unacceptable for individuals to attack them whilst they are simply doing their job.
"The sentences passed don’t act as a deterrent. We are not calling for mandatory sentences but we need to ask if an assault on a police officer does not merit a custodial sentence – what does?
"I am absolutely appalled that the accused in this case, Edward Bayne, was effectively given nothing more than a fine for viciously assaulting two police officers.
"Anyone who assaults a police officer should appear in court on the next lawful day and those sentencing need to explain why imprisonment is not used if alternative disposals are applied.”
A Police Scotland spokeswoman added: "Any assault on a police officer is a significant matter and considered seriously.
"They can take the form of a physical assault or a verbal assault.
"The safety of our officers is a priority. Officers are appropriately trained to a high level and are issued with personal protective equipment and receive regular refresher training.
"Such a regime of training helps officers deal with the many situations they can become involved with which can be violent/confrontational/emergency response scenarios.
"Regular liaison takes place with staff associations including the Scottish Police Federation around the issue of assaults on police officers."
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