An asylum seeker has been handed a conditional discharge after he was caught with a knife in his bag.
Waleid Al Twaynei, 26, of Edgar Terrace, Plymouth, admitted possession of a bladed article during a recent appearance at Cardiff Magistrates' Court.
Possession of a bladed article is an offence under section 139(1) of the Criminal Justice Act 1988. The offence, which is triable either way, has a maximum penalty of 6 months' custody on summary conviction; 4 years' custody on conviction on indictment.
It is a defence if the accused can prove that they had good reason or lawful authority for possessing the bladed article. What amounts to good reason or lawful authority is largely a matter for the court.
The court heard that Al Twaynei, who had waited two years for an asylum interview at the immigration office, travelled to Cardiff on Thursday, 19th October 2023.
He was searched upon entry to the Home Office building, located on the city's Newport Road, during which security officers found the 3-inch bladed peeling knife in his bag.
Lucy Mansfield, prosecuting, said: "He stated he had purchased a bag of pears in Plymouth the day before and used the knife to eat them while on a train platform."
Ellis Worsley, mitigating, told the court there was some doubt about whether her client would be able to attend, given he received £50 to live on and could not afford the train fare.
District Judge Steve Harmes reluctantly agreed to proceed in Al Twaynei's absence, saying: "This is the frustration of the asylum system. It gives them so little, and a train fare from Plymouth would probably be 60% of his weekly income. I don't see another opportunity to deal with the case."
Just then, in the nick of time, word came that the defendant had arrived at court.
By that time, in anticipation of Al Twaynei's non-attendance, the booked interpreter had already been released by the court.
The case was stood down for an hour in order to make further arrangements, before the defendant and interpreter returned to the dock.
Having considered the circumstances, DJ Harmes said: "I will take an extraordinary course in this case.
"He has no means at all, he's of clean character. There's no evidence he was ever going to harm anybody. I find it difficult to know what do to him.
"I can't fine him, that would be ridiculous, and I'm not going to make him do unpaid work because I don't think this passes the community threshold.
"He's clearly not going to custody. I'm going to conditionally discharge him for two years, and he's not going to pay costs or a fine or a surcharge because of his means."
Turning to Al Twaynei, DJ Harmes said: "Stay out of trouble and nothing else happens. No knives in public."
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