A BANNED driver given a jail term by magistrates was given his freedom by a judge even though he said he had an "appalling record" for motoring offences.

Clint Hird, 21, had been sent to custody for his fifth offence of driving while disqualified, Burnley Crown Court heard.

The defendant had served the disqualified term but had not taken the mandatory extended re-test, which meant he still was still banned.

Hird claimed he did not know he had to take an extended test.

Recorder Timothy Rider, sitting with two justices, said the court could not be sure beyond reasonable doubt that Hird knew he had to take a re-test and thought imprisonment was inappropriate.

Hird, of Colne Road, Brierfield, appealed against the sentence of the Burnley, Pendle and Rossendale Magistrates. The appeal was allowed and Recorder Ryder stressed the defendant was still disqualified until he passed an extended re-test.

Hird was given a 12 months community rehabilitation order, to include the Think First programme. The further disqualification imposed on him by magistrates was revoked and the defendant was given eight penalty points.

Philip Holden, for the appellant, said Hird had a bad driving record and had he been driving while he was actually banned. He could not have complained if he had been sent to custody. The case was different to one where somebody had deliberately and flagrantly breached a court order.