THE Crown Prosecution Service last night confirmed that it would contest the "unduly lenient" sentence given to a teenage drug dealer who was allowed to walk free from court.

Thomas Scarth, 19, who admitted possession of class A drugs with intent to supply, escaped a prison sentence at Teesside Crown Court after Judge Guy Whitburn said jails were overflowing. He was handed a 12-month suspended sentence and a 100-hour community service order.

Martin Goldman, chief crown prosecutor for Cleveland, said the case was being referred to the Attorney General who will decide whether it can be heard by the Court of Appeal.

It could reverse Judge Whitburn's decision and jail Scarth, of Roseberry Road, Redcar, east Cleveland, for up to three years.

Mr Goldman said: "In making his decision on unduly lenient sentence cases, the Attorney General acts in his independent public interest capacity."