A MAN with a history of violence and having weapons in public has been spared a jail term after police found him with a blade in public.

Police arrested Daniel John Rocks in the aftermath of a melee in Kingsway North, Clifton, York, at 7.30pm on June 13, 2019.

When they searched him, they found he had half of a pair of scissors, said Matthew Collins, prosecuting,

The law says that anyone caught with a blade in public for the second time should be sent to prison for six months.

But Recorder Chris Smith told York Crown Court: “I am going to take an exceptional course.”

He gave Rocks, 44, an 18-month conditional discharge.

York magistrates had found Rocks, of Burdyke Avenue, Clifton, guilty of having a blade in public without a reasonable excuse after a trial.

They sent him to the higher court for sentence. He had denied the charge.

Because Rocks had been convicted of having a blade in public in July 2000 and carrying an offensive weapon in January 2006, the minimum sentence was six months in jail unless it would be unjust, the prosecuting barrister said.

Defence barrister Rukhsander Hussain, quoting the magistrates’ official verdict, said they had believed Rocks’ account that he had seen the blade on the ground and picked it up during the melee to prevent anyone using it against him or injuring themselves by falling on it.

They said they had convicted him because he had not given it to the police officers immediately when they arrived as a reasonable person would have done.

The judge asked Ms Hussain if Rocks had appealed or intended to appeal against his conviction, and after a legal discussion, passed sentence.

“Don’t pick up a blade under any circumstances,” he told Rocks.

“If you see one in the street, stand on it and call police. Keep away from sharp things in public.”

Rocks was not charged with taking part in the melee.

He admitted failure to attend York Magistrates' Court for sentence for which he was given a second 18-month conditional discharge.

Ms Hussain said Rocks was the sole carer for his mother who depended on him, she said.

Mr Collins said two police officers had made statements saying they had not seen Rocks pick anything up from the ground.

Rocks’ violent history included besieging a shop assistant and her family in a city centre shop in September 2017. She had refused to serve him because he was drunk and had him thrown out. Rocks was jailed for two years for affray.