A 49-year-old man who brandished an extendable baton at a random stranger on a petrol station forecourt has been given a six-month suspended jail sentence at Bath Magistrates’ Court.
The magistrates also suspended two further six-month sentences, which will run concurrently, on Derek Francis after police found him in possession in public of two offensive weapons a few weeks after the baton incident.
At his court appearance on Wednesday 25th February, Francis, of no fixed address, admitted being in possession of the offensive weapon, without lawful authority or reasonable excuse, at Elm Tree petrol station in Radstock on 4th July last year.
He also pleaded guilty to the two further charges of being in possession of offensive weapons in Peasedown St John.
Prosecutor Michael Collins told the court that Francis had appeared aggressive as he approached a man on the petrol station forecourt, holding a baton in his right hand and swearing at him.
The victim used his experience of conflict management and Francis returned to his Range Rover. Francis then called the police himself with a counter allegation, said Mr Collins.
When police conducted a stop and search on Francis’s vehicle in Wellow Mead on 29th July they found a lock knife and an extendable baton. Francis gave a ‘no comment’ interview after his arrest, said Mr Collins.
Duty solicitor Ned Kemp, representing Francis, told the court he works as a self-employed courier and has been “sofa surfing” since a relationship breakdown.
The offences had crossed the custody threshold, but Mr Kemp asked the magistrates to suspend any prison sentence. He said Francis had shown “genuine remorse” and is at low risk of reoffending.
He said family members rely on him and what Francis had done was “out of character” as he had got to the age of 49 without any previous convictions.
Francis acknowledged he had been “completely stupid”, said Mr Kemp. “He knows there is no excuse for what he did.”
The solicitor highlighted to the magistrates that evidence shows those who receive suspended prison sentences are less likely to re-offend than those who are locked up immediately. He said there is a presumption of suspended sentences with the Sentencing Act 2026.
The Act comes into effect on 22nd March and introduces significant reforms to address prison capacity and reform sentencing. For offences sentenced to 12 months’ custody or less, there will be a requirement to impose a suspended sentence unless there are exceptional circumstances to justify immediate imprisonment.
The magistrates suspended the three concurrent jail terms for 18 months, telling Francis they believed rehabilitation would be best for him in the community. They noted his lack of previous convictions and the care and assistance he gives his family.
They ordered him to complete 120 hours of unpaid work within 12 months.
Francis was also ordered to pay a £154 surcharge and £85 costs, and the magistrates ordered the forfeiture and destruction of the weapons.
