John Herbert, a 42-year-old painter and decorator from Irwin Avenue, Rednal, has been sentenced for racially abusing a police officer following an altercation at McDonald's on Boxing Day. Herbert was handed an 18-month community order at Birmingham Magistrates' Court after calling the officer a "f****** little asian p****" while being transported to custody on December 26, 2025.
The court heard that Herbert, who had been involved in a disagreement at McDonald's when police were called, made numerous other threats of violence and racial remarks during the journey to custody. The victim, an officer of Pakistani heritage, described Herbert's comments as "disgusting" in his victim statement.
Victim's Statement and Defence
In his victim statement, the officer told Birmingham Magistrates' Court: "I found the behaviour not in line with good social values." Herbert's defence lawyer, Mr Ian Paterson, said his client had "too much alcohol to drink" after a night out with his father and friends.
When told of the racial incident during his police interview, Herbert was "shocked and astonished at what he had done." His defence added: "He said this is not the way I normally behave or react." The court also heard that Herbert had issues with mental health, anxiety, and depression.
Sentence and Court Costs
Herbert was handed an 18-month community order, which includes 200 hours of unpaid work, 20 rehabilitation activity requirement days, and 75 days with an alcohol abstinence and monitoring requirement. He was also ordered to pay £85 in court costs, a £114 victim surcharge, and £50 in compensation.
The sentence reflects the seriousness of the racial abuse directed at the police officer, who was carrying out his duties at the time of the incident. The case highlights the consequences of alcohol-fuelled behaviour and racial discrimination in Birmingham.
