A serial offender who has been in and out of jail since he was a teenager has admitted attacking two prison officers during a violent stand-off at HMP Perth.
However, a sheriff refused to put Kevin Paton back behind bars because prison had done “absolutely nothing” to change his behaviour.
The 43-year-old, described as institutionalised, admitted assaulting the prison officers after he was struck in the face during an angry encounter at his cell door in March 2020.
But since the attack, Paton has made efforts to turn his life around, Perth Sheriff Court heard.
Jail did ‘absolutely nothing’
Sheriff Gillian Wade told him: “I accept that this is an offence that would ordinarily have attracted a custodial sentence.
“But it was committed some time ago and you have stayed out of trouble for a significant period of time.”
She said: “You clearly have significant criminological needs that require to be addressed and you have to be punished for what you have done.
“I do not see there is a benefit in returning you to a custodial setting because you have spent a significant part of your life in custody and it appears to have done absolutely nothing to change your behaviour.”
She said recent engagement with social workers is having a more positive impact.
Paton, of Queen Street, Montrose, was placed on supervision for a year and ordered to take part in a drug treatment and testing programme.
He has also been put on a restriction of liberty curfew, meaning he must stay in his home between 7pm and 8am for eight months.
Staff warning
Fiscal depute Bill Kermode said on the morning of March 20 last year, staff heard a commotion coming from Paton’s cell.
“They went to carry out a welfare check and found the accused appeared to be agitated and angry,” he said.
“He then launched a tirade of abuse at staff and as a result was ordered to step back from the cell door but he refused to do so.”
Mr Kermode said: “He was warned that he would be moved by force but he persisted.
“A prison officer carried out a single arm strike to move the accused into the cell.
“The accused then launched himself at the staff.
“He punched Prison Officer Calum Jenkins on the face, causing swelling.”
Paton struck another officer, Scott Tully, before being restrained.
The prisoner was segregated for six weeks as punishment.
‘Single arm strike’
Paton’s solicitor said several staff attended at the cell that morning, not just the two who were assaulted.
“One of the officers told the accused to stand back and – according to all of the officers who were there – he then deployed a ‘single arm strike’.
“Effectively, there is no disputing that Mr Paton was struck in the face and it is this action that he retaliates against and runs at the throng of prison officers.”
He said: “Mr Paton has apologised to the officers and after his time in segregation, he carried on serving his sentence.
“He was liberated in August that year.”
The court heard Paton had been in and out of jail since he was 17.
“He is now at the cusp of turning his life around,” the court was told.
