THE leniency shown in court to a serial thief was a mistake.

York magistrates chose not to impose the county's first criminal anti-social behaviour order on Marlon Judson yesterday for stealing from a shop. The bench were "not satisfied that your actions are of the kind to cause harassment, alarm or distress".

We would respectfully disagree. Shop owners are very distressed by the plague of shoplifters who can push their businesses to the brink.

Shop staff, meanwhile, can testify to the harassment and alarm caused by Judson and others. Drug addicts such as him can help themselves because shop assistants, often women, are too frightened to confront them.

The court's decision to deal with this incident in isolation is also difficult to understand. Only last Thursday we reported that Judson was on the top ten list of serial shoplifters drawn up by police.

The next day he was in court again and sentenced on multiple counts of theft. Five days later, he is back before the bench.

Judson is flouting the law again and again. A criminal anti-social behaviour order would have brought the threat of prison a step closer, but the magistrates chose instead to give him a £50 fine.

It is no wonder the police reacted with frustration to the sentence. Under public pressure to get results, they have done everything right, repeatedly bringing this man to court and gaining convictions.

They have worked with Retailers Against Crime in York (RACY) to tackle Judson and others. It has been an impressive united effort.

But in this case the court has proved the weakest link. Judson's sentence will send a signal to others that the law is still soft. Until York dispenses joined-up justice the criminals will be laughing.

Updated: 09:59 Thursday, February 26, 2004