A Bolton man has escaped punishment for spitting at a policeman after a court said the officer could have handled the situation differently.

Emergency services were sent on a welfare check after it was reported a man was standing in the road as traffic was coming towards him on Crown Lane in Blackrod.

Bolton Magistrates Court heard a police officer attended and came across Christian O’Neill-Tonge during the incident in December last year.

A handcuff was placed on him and no reason was given for this.

Following this O’Neill-Tonge became aggressive.

Shusheela Regala, prosecuting, said: “Police struggled to detain the defendant at which point the defendant spat at officers.

“His behaviour was aggressive.

“While the officers tried to hold the defendant down he was making threats.”

She said he was abusive when they asked for his name and while he was being transported to custody said he would spit again when the van doors were opened.

She added that he had no previous convictions.

O’Neill-Tonge, 25, denied the offence but was convicted at a trial before the magistrates.

The man from Moss Lane, Blackrod, appeared in court to be sentenced.

Paul Gray, defending, argued police could have handled the situation better.

He said: “The issue at trial was had the police officer who initially came to the scene dealt with it differently it would not have escalated.

“The officer was responding to a call from a member of the public that where was concern for a man in the road trying to get run over by cars.

“The officer goes there to safeguard not to arrest.

“There is a struggle, he does not know why he has been cuffed.

“That is when the assault occurs.”

Chair of the bench Karen Martin said: “We agree that this incident should have been dealt with differently.

“That is no excuse for the behaviour that later took place.

“A community order is the recommendation of the probation service, that would be disproportionate because of the unusual circumstances.”

She imposed a conditional discharge to run for 18 months, meaning that if O’Neill-Tonge remains out of trouble for this time he will receive no penalty.

He thanked the magistrates for the outcome.