Oakham Man Avoids Jail After Accidentally Carrying Knife to Court
An Oakham man facing a knife conviction he previously pleaded guilty to being in Barleythorpe Road in Oakham with a kitchen knife.
He narrowly avoided jail after accidentally carrying a knife to court. Mark Barker, 37, complied with probation staff instructions to attend magistrates court in Pocklingtons Walk. However, a small pink knife with a one-inch locking blade was discovered in his coat pocket as he passed through security using a hand-held metal detector.
Possession of knives with blades over three inches, or any knife with a locking blade, is illegal in public without a lawful reason. Given Barker's two prior knife convictions, UK sentencing guidelines suggested a starting point of six months in prison.
Despite this, magistrates chose not to incarcerate Barker, citing his personal circumstances. The fact that he had previously carried the same knife through security at the crown court and his positive engagement following a prior conviction for an incident on Barleythorpe Road, which resulted in a community order, also played a role in the decision.
Barker's lawyer, Alison Hubbard, emphasised the unusual nature of the knife, asking the magistrates to view a photograph. "I do think that it's important that you see it," she stated. "He didn't realise it opened up into a knife. I'm not sure this is the kind of thing designed for this catch-all law. It looks like something that's designed to attract children and it's easily available."
Ms. Hubbard also highlighted Barker's vulnerabilities, explaining that he is unable to read or write, struggles to communicate, and has a very low IQ. She described how he had been exploited by others in Oakham, who had taken over his home for drinking and refused to leave. Barker has since been moved to a hostel, and plans are underway to find him housing in a different town.
The chair of the bench, Annette Cooper, addressed Barker, saying, "We've noted your personal circumstances and the very good work you're doing with probation. We feel there are exceptional circumstances for us not to impose custody. There are clearly vulnerabilities, we note the design of the item and the fact you had been into the crown court with it."
Instead of imprisonment, Barker received a 12-month community order, including 10 days of work with the probation service. He was also ordered to pay a £40 fine and a £114 victim surcharge.
Mark Barker, 37, previously of Alpine Close, Oakham, managed to avoid immediate custody despite it being his third knife conviction.
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