A SENIOR advisor to York magistrates has defended their decision to allow a teenager, whose punch left a man close to death, to walk free from court.

Gordon Lees, Justices' Clerk for North Yorkshire, said today that a 12-month referral order imposed by York Youth Court on the 15-year-old on Friday was in line with Government sentencing guidelines for first-time young offenders.

The youth, who cannot be named for legal reasons, admitted attacking Chris Gregory during a confrontation with a group outside his Beckfield Lane home in December.

Mr Gregory, 56, suffered a heart attack and now faces a triple heart bypass operation.

Only two months earlier, the youth received a "final warning" from police following an assault on Acomb man Doug Unwin - which the magistrates were told about.

Mr Unwin, 57, yesterday called for a meeting with magistrates to discuss the sentence, but Mr Lees said this would be unlikely.

Mr Lees, who has 40 years experience in the courts service, described the offence as "dreadful", but said the magistrates dealing with the case were faced with a "stark choice" between a referral order or a spell in custody.

"The reports did not support the latter view. The hope is that this will work and be a more positive outcome," he said.

"It was a very, very hard decision to make. I understand that the magistrates considered it for three hours."

The youth was initially charged with grievous bodily harm with intent, known as a Section 18 offence, which can carry life imprisonment for an adult.

He pleaded not guilty to this charge, but guilty to a lesser Section 20 offence of grievous bodily harm, and prosecutors decided to withdraw the more serious charge. Magistrates were then unable to send the case to the crown court and were faced with three sentencing options - an absolute discharge, a 12-month referral order because it was a first conviction, or a minimum four-month period of imprisonment at a young offenders' institution.

The Crown Prosecution Service declined to comment on the case.

Referral orders were introduced by the Government in April 2002 for first-time juvenile offenders who make a guilty plea.

"It represents a fundamental change in the way first-time offenders are dealt with, saying custody doesn't work. This is what we have got to work with," said Mr Lees.

See Friday's Evening Press for an in-depth examination of the issues raised by this case.

Updated: 08:58 Thursday, May 13, 2004