A HOMELESS Workington man who was locked out of his temporary accommodation got into trouble by spending the night at his mother's home, defying a court order.

At Carlisle's Rickergate court, 39-year-old James MacDonald, who had been living at Honister Drive in Workington, admitted breaching a restraining order that was meant to ban him  from his mother's home in Maryport. 

Prosecutor George Shelley said the restraining order was imposed in 2021 to protect the defendant’s mother.

 It included a prohibition on visiting her home.

The order remains in force until it is removed by a further order of the court. Despite that fact, on October 16, police officers were in the area where the defendant’s mother lives and had reason to visit her home.

After being invited into the property, they saw MacDonald and it became apparent that he was there illegally.

The court heard that the defendant has 30 convictions on his record and he was recently sentenced for an offence of “non-fatal strangulation,” though the victim in that case was not his mother.

The court heard that the Probation Service were now looking at the possibility of recalling MacDonald to prison to complete the 17-month jail term that he was given for the previous offending.

John Smith, defending, accepted that what happened was a “deliberate breach” of the restraining order that protects MacDonald’s mother.

“But there was no harm,” said the lawyer, pointing out that MacDonald’s mother was “happy” for him to be in her home. Mr Smith said MacDonald was alcohol and drug free but he had left the supported accommodation he was living at.

“He’d been staying at a friend's address in Honister Drive, Workington, but when he went there the other day his friend wasn’t there and he couldn’t get in.”

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MacDonald felt he had no alternative but to go to his mother's home and stay there and when he arrived they had a “perfectly civilised” conversation. The police arrived at the address the next morning "by chance", said Mr Smith.

They were looking for somebody else. Mr Smith added: “His mother is not supportive of the police action.”

A probation officer who was in court said the defendant’s homelessness had impacted on his behaviour. Magistrates imposed a 12-month community order, which includes 40 hours of unpaid work as punishment.

They noted that MacDonald had been keeping his probation appointments, that his mother did not support the prosecution, and that the offence was “low level”. The defendant must pay £85 costs and a £114 victim surcharge.

In March, MacDonald, formerly of Peter Street, Whitehaven, was jailed for offences of intentional strangulation and common assault.