A DRUG dealer who was expecting to be jailed was allowed to walk free because prisons are full.

Anti-drug campaigners last night condemned the decision to punish Thomas Scarth with a suspended sentence and community-based orders.

And they called on judges to make more use of residential rehabilitation centres as a stricter alternative at a time when prisons are overcrowded.

Undercover police caught Scarth with 83 wraps of heroin and business cards with phone numbers to call.

They filmed the 19-year-old stashing a drugs package behind the bumper of his Ford Escort car on a housing estate in Redcar, east Cleveland.

Scarth yesterday pleaded guilty at Teesside Crown Court to possessing a Class A drug with intent to supply on July 8.

The court heard how heroin addict Scarth had spent 112 days in custody on remand awaiting his court appearance.

His barrister, David Lamb, began his mitigation speech to the judge by admitting: "Custody is inevitable."

But after reading a probation report, Judge Guy Whitburn asked: "What are we looking at? The jails are full to overflowing, the recommendation is a sensible one.

"You are only 19 and you were dealing in heroin within a month of pleading guilty to possession of a Class A drug, heroin. You knew exactly what you were doing.

"You have, however, pleaded guilty, you are a young man, and we are urged not to imprison young men for offences of this nature if they are of a comparatively minor scale.

"I consider that the appropriate punishment is that which is recommended in the pre-sentence report."

The judge asked Mr Lamb if he had any comment, and the barrister replied: "I think I had better sit down while I am winning.

Scarth was under observation during Cleveland Police's Operation Berwick and was seen concealing a package near the rear bumper of his car in Blayberry Close, Redcar, said Richard Bennett, prosecuting.

A search revealed another drugs package, and there were 83 prepared wraps of heroin with a total weight of 6.5 grammes.

Mr Bennett said: "A video of the surveillance was put to him and he made no reply in interview."

A month earlier, he was fined £100 at Teesside Magistrates' Court after he pleaded guilty to possession of heroin.

Scarth, of Roseberry Road, Redcar, was given a 12-month sentence, suspended for 18 months, probation supervision and ordered to perform 100 hours community punishment.

Last night, Tina Williams, of anti-drugs charity Panic (Parents Against Narcotics In the Community), condemned the decision.

"I appreciate the prisons are full, but I also appreciate that this sounds to me like it was serious dealing," said Ms Williams.

"Heroin kills and the harm it does to the families of users and the community is horrendous. The prisons might be full but there are other avenues which can be explored, such as residential rehabilitation centres.

"Community penalties do not take the offenders away from their community and away from their habit so it is more difficult to break the cycle.

"If you are not able to cure the addiction they will just be back in court, and if they see they are being let off lightly they will just carry on."

A spokesman for the Home Office said he was not aware of any guidance given to judges about not locking up young men who admit "comparatively minor" offences.

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