A STUNNED landlord claims police refused to name the thug who smashed his pub windows because it infringed his human rights.

Father-of-five Terry Daly, who runs the Old Grey Mare, in Clifton Green, said officers told him the culprit had been let off with a caution, but was "encouraged to go with his conscience" and apologise to him personally and offer to pay for the damage.

He has yet to do this as he is not forced to by law.

Mr Daly must now foot the bill for the damage unless he forks out legal costs to take out a civil action. The repairs could run into hundreds of pounds as the windows were more than 200 years old and the building is Grade II Listed.

He said the police operator refused to tell him the name of the thug because it infringed his human rights under the Data Protection Act.

"What about my human rights?" Mr Daly said.

"I wanted his name because he could come in here and have a pint of beer and I wouldn't know any different. I bet he's laughing behind my back.

"I told the police operator that there is the crime of wasting police time but how about them wasting my time if that is all they're going to tell me."

Mr Daly said a police operator initially called him on Wednesday morning to inform him officers had caught a young man smashing two windows with a brick in the early hours.

They later told him he had been given a caution as he was of previous good character.

"I don't know what our country is coming to." Mr Daly said.

"At the very least he should have been sent to court and forced to pay costs.

"They've let him off with a caution but what will he do next, push an old lady over and break her hip?

"Tough on crime, tough on the causes of crime it's a joke.

"We are the victims here and I just despair of it."

Chief inspector Alison Leslie, of York police, said the culprit had been cautioned as his case matched that criteria under the national charging standards policy.

She said names were not normally freely given out under the Data Protection Act unless it was for the purpose of a civil case being taken out to recover the cost of damage.

"We do look at each case individually and give victims any information that we can," she said.

"I would strongly advise the complainant to contact the officer in the case who would then refer the matter to our legal services department ensuring we comply with any legal obligations concerning providing names and addresses.

"We do take the treatment of our victims of crime seriously and wherever we can provide information we will do so."

A spokeswoman for York police said a man was arrested at 1.30am on Wednesday and later cautioned for criminal damage.