THE case of a wheelchair-bound paedophile who escaped a prison term because of fears that his disabilities could not be accomodated in jail has now been referred to the Court of Appeal.

In the next two or three months, Appeal Court Judges will decide whether Richard Fitzpatrick's sentence of three years probation for indecent assault on a little girl was too lenient.

If they agree with the Attorney General that it was, they have the powers to increase his sentence and could jail him for up to eight years.

The Attorney General referred the case to the Appeal Court after it was revealed that a mix-up led to 48-year-old Fitzpatrick, who cannot stand unaided, escaping a prison term.

Before Fitzpatrick, who lives in Nelson, was sentenced, Burnley Crown Court wrote to the governor of Preston Prison to ask about the possibiility of him being accommodated.

But the governor's written reply mistakenly gave the impression that none of the country's prisons could give Fitzpatrick the level of care he needed.

Sentencing Fitzpatrick, Judge Bennett said he deserved to go to custody and he was only imposing the community sentence because circumstances forced it.

The mix-up came to light when the Lancashire Evening Telegraph contacted the prison service to ask why they could not cater for Fitzpatrick's needs. When it was revealed that Fitzpatrick could actually be catered for in prison, Burnley Crown Prosection Service then referred the case to the Attorney General, Lord Williams of Mostyn.

A spokesman for the Attorney General said: "We have reviewed the case.

"The Judge was originally going to look at it again until he found that it had already been referred by Burnley CPS to the Attorney General.

"The Attorney General referred it ito the Court of Appeal and it will come up for consideration in the next two to three months.

"The Court will consider all the evidence and consider whether the sentence was appropriate or too lenient.

"If they agree with the Attorney General that is was too lenient they will increase the sentence, and they have the power to sentence him to imprisonment.