A football hooligan who threw a smoke bomb onto the pitch during a Rangers away game has escaped jail.
Instead, Billy Davies was released on a special bail condition banning him from entering any football stadium in Scotland.
The first offender was also made subject to a structured deferred sentence for three months and ordered to be of good behaviour.
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He was warned that if he breaches his bail conditions or commits any further offences before he returns for sentencing he would still be in danger of losing his liberty.
Davies, 18, was in the East Stand at the Tony Macaroni Stadium in West Lothian during the Old Firm team’s Scottish Premiership tie with Livingston when the bomb landed amongst players, a court heard.
He was among Rangers fans celebrating one of the goals which helped the Glasgow team secure a 3-0 victory over the home side on 18 February this year when he was seen lighting the chemical canister.
Drunken Davies, from Livingston, threw the smoke bomb over the heads of standing supporters onto the artificial pitch below, Livingston Sheriff Court was told.
The 18-year-old was spotted igniting the canister by match steward Paul Weir who pointed him out, and took him out of the crowd before handing him over to police
He appeared for sentence on Friday after earlier pleading guilty to culpably and recklessly lighting and throwing the device “without regard for the damage or danger this could cause”.
Chris Yule, prosecuting, said the teams were taking position to resume the match after the goal was scored at around 3.25pm when the incident happened.
He said: “The accused has lit a smoke canister while in the crowd holding it for a few seconds and thereafter throwing it onto the artificial pitch over the heads of standing supporters.
“Immediately after the canister had been lit the witness Paul Weir, one of the match stewards, has observed the accused to be holding it and thereafter throwing it onto the pitch.
“He has entered the crowd pointing the accused out and the accused agreed to enter the stand with the witness.
“At this point two constables who were on duty and who had observed the canister landing on the pitch were informed he was escorting the accused towards them.
“The constables took control of the accused and escorted him out of the stadium. He provided his details and spoke freely about the circumstances of throwing the canister.”
Mr Yule said Davies was arrested at 3.22pm and escorted to a marked police vehicle where he was formally charged at 3.38. He made no reply.
Darryl Lovie, defending, admitted Davies had acted “extremely immaturely” by accepting one of a number of smoke canisters being handed out by a supporter within the ground.
Mr Lovie explained: “He’s a young man who made a mistake and wishes to extend his apologies for his behaviour. He undertakes not to act in this manner again and, in the clear and sober light of day, fully understands what he’s done wrong.”
He added: “He’d had a lot to drink, but that’s no excuse. It does seem, according to the report, that he’s accepted full responsibility for his actions and he’s pleaded guilty at the earliest opportunity.
“The author of the report seems to have been relatively impressed at his ability to understand the dangers involved. He has no previous convictions, nor does he have any other outstanding cases so this appears to be an isolated incident.”
He revealed that Davies was a keen footballer and a member of a team which played at weekends during the season. He managed to attend midweek games by travelling to fixtures on the Rangers supporters’ bus.
Sheriff Martin Edington told Davies that his criminal conduct was being treated seriously by the court.
He said: “It’s a serious charge and it could have had very serious consequences, however, I’m prepared to take into account your age, the lack of any previous convictions, your general insight and your contrition – all summed up in a very good social work report.
“So I’m in a position to say to you today that you may regard yourself as fortunate that I’m no longer considering a prison sentence for this behaviour, I’m going to make you subject to a structured deferred sentence for a period of three months.
“While not imposing a Football Banning Order I’ll be releasing you on bail with one special condition, which is you are not to enter any football stadium within Scotland and there’s no time limit on that because it will be reviewed in three months time.
“If you’re of good behaviour during this time and in particular if there are no other cases outstanding then things are likely to go very well for you indeed on that date. If you’re not of good behaviour, and in particular if there is anything similar to this offence, you;ll be in danger of losing your liberty.”
Sentence was deferred until July.
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