A FORMER Clydebank resident received an unwelcome birthday present last week when he was told to carry out unpaid community work for an angry outburst at police in Dalmuir.

Anthony Bartley’s 26th birthday on Friday began with an appearance at Dumbarton Sheriff Court – but his big day could have turned out a lot worse after a sheriff said he had given serious consideration to a prison sentence.

Bartley was in court for sentencing on two charges relating to an incident in Mountblow Road on July 30 last year.

He had pleaded guilty at a previous court hearing to repeatedly shouting and swearing, acting in an aggressive manner and struggling violently with police.

Fiscal depute Martina McGuigan told Friday’s hearing: “At 5.45am police attended the locus in relation to a separate matter. Their attention was drawn to the accused and his brother.

“Officers spoke to the accused’s brother. The accused became aggressive and shouted ‘he doesn’t need to f****** take that’ in relation to a fixed penalty notice being offered to his brother.

“The accused was advised to calm down. He walked away from police shouting ‘f****** b*******’.

“He was arrested at that point and began to tense his arms and violently resist arrest.

“As he was walked away to a police vehicle he continued to shout and swear.”

Bartley was not cautioned and charged at the time because of his intoxicated state, Ms McGuigan said.

Mathew Patrick, defending, told the court his client had spent 15 days in custody in connection with the case – though Sheriff William Gallacher immediately pointed out that this was because Bartley had failed to appear in court, and a warrant had been granted for his arrest.

Mr Patrick said his client had “very little to offer in regard to mitigation” because of his drunken state at the time of the incident, but told the court Bartley had since moved to the Borders area, where he had stayed out of trouble, and had taken steps to limit his alcohol consumption.

Mr Patrick tried to persuade Sheriff Gallacher to defer sentence for a further period for good behaviour, suggesting that in his view the incident was “at the lower end” of the scale of criminal behaviour.

But the sheriff was unconvinced, stating that he felt Bartley – now living in Everest Road in Earlston – had to be punished for his behaviour, partly because of his criminal record, which includes a conviction for similar behaviour.

“I’m not sure I subscribe to your position,” Sheriff Gallacher told the solicitor.

“I’m entirely satisfied that these offences justify the potential of a custodial sentence.”

Addressing Bartley directly, the sheriff said: “These are by no means trivial offences.

“The police are entitled – and required – to go about their duties unhindered. You got yourself into this situation.

“You had no business being involved. You then behaved in a way you have done in the past.

“I don’t accept that a year after the event I should continue the matter further for good behaviour just because you have kept out of trouble until now.”

Placing Bartley on a community payback order of 140 hours unpaid work to be completed within eight months, the sheriff warned him: “This is a direct alternative to a custodial sentence. If you do not comply that is what I consider to be entirely likely.”

Bartley’s order was transferred to Selkirk Sheriff Court.