A COLLEGE cannabis dealer is free again after a judge spared him an immediate return to jail.

On Thursday York Crown Court heard how Harry Potter, of Acaster Malbis, who shares his name with the fictional wizard, had sold drugs at York College for six to seven months and earned what he called “easy money”.

Neal Kutte, defending, said the college would be prepared to take Potter back if he was not jailed.

Passing sentence yesterday, the Honorary Recorder of York, Judge Paul Batty QC, told Potter: “I am pleased to hear the college is prepared to take you back next term. I sincerely hope you will therefore be able to put this matter behind you and lead a good and industrious life. “

But after the hearing, a York College spokesman said it had “already taken appropriate action with regards to this student” and could not comment further about him.

He added: “Our position on this matter is clear. York College takes a zero tolerance approach towards the use of illegal substances of any kind.

“Therefore, we do not hesitate to exclude students should we be aware of any individual bringing or using drugs on the college premises.

“A student who has been excluded from the college for a serious offence is unlikely to be allowed to return.”

On Thursday, the judge sent Potter, 19, of Mill Lane, Acaster Malbis, to Hull Prison overnight because he found the decision whether or not to suspend his prison sentence very difficult.

Yesterday morning he told Potter: “I have no doubt that has been a salutary experience for you. It was meant to be.

“With some considerable hesitation I have ultimately concluded I can just suspend the sentence.”

He warned others thinking about drug dealing in York they should not take his decision as the “green light” to do so.

He suspended the 12-month prison sentence for two years on condition Potter commits no further offences and does 200 hours’ unpaid work, and warned that he would go straight back to jail if he reappears before him.

Potter was visibly relieved as the judge declared his decision and as he left court. He had admitted possessing cannabis with intent to supply it before York Magistrates Court.

The judge was told that Potter was deeply remorseful. The college’s spokesman said anyone excluded from the college who wished to return would have to apply in writing to its principal.