YORK Police have failed to get a second notorious shoplifter banned from a group of stores across the city - because magistrates said the move would be "too draconian".

Presiding magistrate Joan Visick said homeless Scott Anderson Wilson, 33, should instead continue a two-year community rehabilitation order to keep him away from drug and alcohol addiction.

This was despite the fact that Wilson admitted breaching a previous community rehabilitation order, a conditional discharge and a community penalty.

Wilson, who told the Evening Press he has "at least" 50 convictions for theft, said it was difficult to turn his back on his former life when he is staying in hostels and on the streets.

He said: "I've had a long-term drug and alcohol addiction problem, but now I'm getting counselling, I'm on a medical drug script to help stop my addictions, and I'm not planning to offend again.

"When I get drunk I just seem to think I'm invisible and go stealing, but now I've been sober for a month."

Acting Sergeant Rick Ball said he was "disappointed" at the decision not to make Wilson the first York resident subject to a criminal antisocial behaviour order (CRASBO).

"The retailers in York are a community and I want to protect them from persistent offenders like Wilson who cause a lot of distress," he said.

Wilson, who is living at the Peasholme Centre, York, pleaded guilty to stealing a £200 jacket from Gap, in Davygate, and four bottles of wine and a can of lager from Jacksons, in Fulford Road.

Last month, shopkeepers reacted with disbelief when magistrates refused to ban prolific shoplifter Marlon Judson, 24, because they said his actions do not cause distress to staff and customers.

A warrant for Judson's arrest was issued yesterday after he failed to attend court on Friday to answer a new charge of shoplifting.

The order would have given extra weight, including the threat of prison, to a voluntary ban organised by Retailers Against Crime in York (RACY) that stops him entering 216 stores.

Both men feature in the city's "top ten" shoplifters, as drawn up by police.

Mrs Visick told Wilson that, in view of his progress, the bench would not be making a criminal antisocial behaviour order "which would be too draconian in the circumstances."

Diana Golding, chair of RACY, said: "We are determined to make this scheme a success and I'm confident that it won't be long until everything is in place to enable that to happen."

What is a CRASBO

Criminal Antisocial Behaviour Orders (CRASBOs) are seen as a faster alternative to Antisocial Behaviour Orders (ASBO) and can be imposed by magistrates on conviction based on the individual's criminal history.

They are seen as more effective and easier to obtain because a separate civil hearing does not need to be arranged by the police or local authority making the application.

The orders can include restrictions such as a ban on visiting certain areas.

Updated: 10:47 Tuesday, March 16, 2004