In out, In out court shakes it all about

BANNED driver Jonathan Dunkerton, who was jailed and then released after breaching a suspended sentence for smashing his motorbike into a car containing a mother and her children, has been given last chance.

The 28-year-old was initially jailed by JPs, but the sentence was suspended on appeal. But after his release in December he repeatedly failed to comply with probation officers’ instructions and they said they could no longer work with him.

He was then sent to the Crown Court in September, where Judge Jason Taylor QC ruled he should be imprisoned for seven weeks, saying his compliance with the order had been absolutely woeful.

But after the court had finished for the day it was discovered the judge did not have the power to jail him and the case had to be heard by the magistrate. Because Dunkerton had not left the cells he was brought back up and freed.

After hearing about the mix up Swindon magistrates decided it would be wrong to activate the jail term.

Dunkerton was riding a 600cc motorcycle when it went into the side of the woman’s Vauxhall Zafira in Lyneham in September last year when he was riding from Swindon to his home in Oak Close, Calne. A couple of weeks before that he had been charged with disqualified driving.

Magistrates were told on Tuesday that he missed three appointments. He also failed to complete a three month curfew because he was thrown out by his grandma. Jackie Reynolds, for probation, sought activation of the prison sentence.

Sam Arif, defending, said he had missed appointments because he was working hard as a plasterer. After customers saw reports of him being jailed she said they cancelled work with him. He was determined to give it another go and would get help from family getting to the probation service offices in Chippenham.

Chairman of the bench Jonathan Chappell said: “Let’s start by saying we are not terribly impressed by your lack of engagement through the period.

“That has to stop, that lack of engagement. We’ve heard Miss Arif state to us that you are now minded to engage. We take you at your word on that.

“We have also borne in mind what went on in the crown court and the exceptional circumstances around that an we have also borne in mind that you are two thirds of the was thought the 18 months period at the moment.

“All that considered we do feel that there are exceptional circumstances here to allow the order to continue.”

The bench added six months to the suspension so he could complete the thinking skills course and fined him £60, calling it his last chance.