YOBS avoided arrest after being caught headbutting a man and breaking a policeman's thumb - because every cell in North Yorkshire was full, it was claimed today.

The Police Federation alleged that officers working on the Friday before Christmas were told to avoid arresting people and hand out on-the-spot fines instead.

The county's branch chairman Mark Botham, said: "We ran out of custody space across the county, so there was nowhere for them to go. Officers were told to avoid arresting anyone if at all possible because there was nowhere to put them, and to issue fixed penalties instead."

He claimed there had been one incident where someone was headbutted, but the offender had got away with a fine because there was nowhere to put him.

In a separate incident, a police officer suffered a fractured thumb during a fracas with youths, but again they were not arrested because there were no cells available, he said.

There was a also a serious incident outside a nightclub, during which people were arrested, but officers were told to downgrade it from an assault - which would have meant the offenders spending a night behind bars - to a public order offence and a fixed penalty - because there was nowhere to put them.

Mr Bothham, whose organisation represents rank and file bobbies, said: "What was put out was no arrests unless absolutely necessary'. What that means is that if there is any other way of dealing with it, or you can turn a blind eye, then do so.

"As an officer with 23 years' service, that is how I would interpret it."

He said offences which would be regarded as "absolutely necessary" included rapes, murders and robberies, assaults on police officers and any arrests made under the Mental Health Act for someone's own safety.

He said the Police Federation had been saying for a long time that "this mess" had been caused by switching to centralised custody of offenders.

"The supply of cells has been outstripped by the demand for them".

He said that in the past if York's custody block was overflowing, then offenders could be taken to Selby, but now those cells were often closed.

Police now relied on "centralised custody suites" in York, Scarborough, Harrogate, Northallerton and Skipton.

There were a further nine cells at Selby - six for men, two for women and one for youths - which were sometimes opened when others were at capacity.

But Mr Botham said a further 21 cells across the county had been mothballed, including three at Malton, five at Whitby, eight at Richmond, two at Settle and three at Knaresborough.

He said further cells at Ripon had also been closed and built over.

When those cells were closed, more were opened at the remaining custody suites to meet demand, but Mr Botham said staff should be trained so that the mothballed cells could be re-opened if needed.

Plans for a new £24.5 million police station and custody block on the outskirts of York, which would replace the city's Fulford Road police station, would see the cell capacity in York increased from 24 to 50.

Mr Botham said the force wanted to build the facility because there were not enough cells in the county to deal with demand, with the number of arrests increasing in recent years.

Police's response to cell shortage claims

ASKED to respond to the Police Federation's claims, Assistant Chief Constable Peter Bagshaw said today: "North Yorkshire Police's cells were full on the night of the December 22, as they occasionally are.

"A strategy is in place to deal with this situation and this was put in place.

"Cells at Richmond and Selby were opened. Six prisoners were moved into custody at a Leeds police station and an arrangement was made with Humberside police for us the use their facilities, but this was not needed.

"A key issue is that no prisoner was turned away.

"As part of the normal briefing of operational officers when this situation arises, they were reminded of the cells situation and that - as is always the case in policing - arrest is the last resort.

"This is a very far cry from urging officers not to arrest people whose behaviour requires this sanction and I hope that this makes the force's situation completely clear."