A SOLICITOR told a court he had told a driver he was not disqualified when he was.

Burnley Magistrates' Court was told how Samuel Horsfall, 22, had called into his lawyer's office to ask if he was still disqualified.

Solicitor Stephen Banks told the bench he had told the defendant his three-year ban, imposed in 1999, was over but not that he was still not allowed back on the road until he passed an extended retest.

Mr Banks went on: "I pointed out he had no licence and no insurance but, as far as I was concerned, he was not disqualified. On that basis, he drove a car."

The solicitor, who admitted his embarrassment at the slip-up, said Horsfall drove not knowing he was banned.

Mr Banks said Horsfall knew there was a real risk he could be going to jail.

He had pleaded guilty at the very first opportunity and spent a considerable amount of time in custody when arrested.

The defendant had last year spent five months in custody for allegations of dangerous driving and driving while disqualified, but they had been discontinued against him last December.

Although he had an extensive record of offending, it had been curtailed quite dramatically.

Horsfall, of Patten Street, Colne, was given a combination order of 60 hours community punishment and nine months community rehabilitation.

He admitted driving while disqualified, driving otherwise than in accordance with a licence and not having insurance.