THE top judge in York has again criticised the Crown Prosecution Service, after a court case was settled on lower charges on the day of trial.

William Norfolk was arrested while riding a stolen quad bike following a police chase in North Yorkshire, and was accused of travelling from his home in Seacroft, Leeds, to commit burglary. He admitted one count of careless driving.

However, on the day the trial was due to start, Recorder of York Judge Paul Batty QC was told the Crown Prosecution Service had accepted a guilty plea for the lesser charge of handling stolen goods.

Norfolk was sentenced to five months in prison for handling stolen goods, and one month of his suspended sentence was activated, but Judge Batty said he was disappointed that the CPS had settled for a lesser charge on the day the trial was due to begin.

He said: “For the avoidance of doubt, I completely disagree with the decision made by the CPS.

York Press:

“In my judgement, there was more than ample evidence to proceed against you as part of a gang that travelled from Leeds into the countryside near Harrogate to target farm premises and steal a quad bike.”

The court heard Norfolk had recently been given a preliminary diagnosis of ADHD, and was due to have a consultation with a psychiatrist over that and his depression.

However, Judge Batty said he did not believe Norfolk’s explanation to police that he was about 20 miles from his home riding a stolen quad bike because he had been offered a ride by his friends who knew he had an interest in the vehicles.

Judge Batty said Norfolk’s account to police was “frankly risible”, and invited him to be sentenced on the basis of that interview after giving evidence in court.

He said: “You did not take that short walk.

“I sentence you not that you were part of a gang of thieves that actually stole the quad bike, but you received it very shortly after the burglary took place and received it a distance from where you live in the countryside.”

A spokeswoman for the CPS said: “We acknowledge the concerns expressed by Judge Batty. The evidence in this case was carefully reviewed. A senior CPS lawyer will be writing to Judge Batty to address his concerns.”

Last month, Judge Batty criticised the CPS after a suspected drug dealer was allowed to walk free from York Crown Court due to prosecution mistakes.

As reported in The Press, Jordan Caple could have been jailed for five years for possession with intent to supply cocaine and heroin, but the CPS accepted a plea stating they were for his own use.