A MAN who breached an Anti-Social Behaviour Order (ASBO) for the third time by being in an area from which he had been banned was sent to prison for three months by magistrates.

David Frank Kelly (23), formerly of Thrush Drive, Bury, but at present of no fixed abode, had admitted contravening the order by being found in flats in Angel Meadow, Heywood, to which he had been prohibited. By coincidence police officers investigating a burglary came across Kelly sitting on a sofa drinking tea with a friend. One of the officers knew that Kelly was subject to a three-year ASBO which had been imposed by magistrates in 2004 for criminal damage.

Miss Claire Byers, prosecuting, told Rochdale magistrates that it was the defendant's third breach of the order and he had previously served a prison term.

On his behalf Mr Richard Birtwistle explained that days ago Kelly had been released from prison with nowhere to go. The accommodation in Thrush Drive was no longer available to him, no local hostels could accommodate him and he was left totally without support and sleeping on the streets. "He gravitated back to the area from which he was banned because he knew someone there and by a remarkable coincidence police had called to investigate a burglary which had taken place earlier."

The court heard that Kelly had previous criminal offences on his record which had been committed mainly to fund an addiction. The magistrates felt because the defendant had breached the order before, jail was the only option.