A man who threw homophobic abuse and spat at a police officer taking him to hospital has been ordered to pay £10 in compensation.

Richard McGinnis, 43, of no fixed abode, lashed out after not being allowed a cigarette while waiting to be seen for treatment.

He pleaded guilty in Swindon Magistrates Court on July 9 for assault on an emergency worker and use of threatening behaviour.

The incident happened on September 16 when McGinnis was arrested for unruly behaviour and for concern for his welfare.

He was taken to the station where a nurse deemed he needed medical attention and was sent to Great Western Hospital with an on-duty officer.

“While waiting to be seen he became irate because he wanted to go for a cigarette”, explained Keith Ballinger, prosecuting.

After the officer refused, McGinnis used a homophobic slur towards her.

McGinnis was warned that if he insulted the officer again he would be arrested before throwing more slurs at the officer.

He was then arrested again for assault after spitting onto the officer’s boot.

Ballinger said: “The officer said the spit made her feel targetted and dirty. The homophobic slurs were shocking.

“McGinnis accepts he made homophobic comments, but he did not intend to spit on her.”

Mark Glendenning represented McGinnis and revealed that before his initial arrest, the defendant, who is prescribed methadone and pregabalin, had taken some of his drugs.

Glendenning added: “He did not realise he could not just wander around the hospital.”

McGinnis appeared in the dock wearing a long black puffa-style jacket and black hoodie. After the offending, he wrote a letter of apology to the police officers involved.

McGinnis has a “large number of previous convictions” with previous public order offences from 2016. He was discharged in court in October last year for theft.

The magistrate decided: “You have listened to all the circumstances around this.

“There has to be an uplift for the homophobia but we do not feel it is in the interests of justice to impose this.”

There was no fine, costs or victim surcharge imposed, but McGinnis must pay £10 in compensation.