MAGISTRATES declined to ban a notorious thief and drug addict from stores across York because they believe his actions do not upset shopkeepers and customers.

A court heard that Marlon Adan Judson, 24, revealed as one of the city's "top ten" prolific thieves in the Evening Press last week, has stolen from stores on 21 occasions since November last year.

Police hoped to use a Criminal Antisocial Behaviour Order (CRASBO) for the first time in North Yorkshire against Judson, who has been using drugs since he was aged eight, to curtail his prolific offending.

The order would give extra weight, including the threat of prison, to an exclusion order that already bans Judson from 205 stores belonging to Retailers Against Crime in York. (RACY)

But Magistrate Elizabeth Hjort, chair of the bench, said although it was "indefensible" that Judson had re-offended only five days after being sentenced for 20 other crimes, she did not support the ban and fined him £50.

She said: "We're not satisfied that your actions are of the kind to cause harassment, alarm or distress. We don't feel that an ASBO is appropriate or proportionate for the one offence we are dealing with today."

Shopkeepers reacted with disbelief.

Graham Audus, manager of Supersave, Fossgate, said this was a "licence to steal".

He said: "What kind of message does this send out to persistent offenders?

"If staff are not upset by their antisocial and aggressive behaviour they certainly will be when they are made redundant because we aren't making any profits."

Acting Sergeant Rick Ball, of the Safer York Partnership, said the message that stealing from shops does not cause distress was wrong and that many shop owners would be "up in arms".

RACY chairperson Diana Golding, who manages the Coppergate Centre, Piccadilly, said: "We need to come back strongly with the right evidence at the right time to get an ASBO granted."

In court, Emma Pearce, prosecuting, said Judson, of Robinson Court, Walmgate, stole seven Easter Eggs worth £20 from Jacksons, Bootham, on Tuesday night.

She said Judson had been sentenced to a two-year drug treatment and testing order by magistrates last Friday after being convicted of eight thefts with 12 others taken into consideration.

Kevin Blount, mitigating, said his client's life had been a "downhill path" since he was first introduced to illegal drugs aged eight and became addicted to harder drugs when he was 13.

But he said Judson, who has a young child and whose girlfriend is pregnant, had no convictions for disorder since 1998.

Updated: 10:22 Thursday, February 26, 2004