THE Crown Prosecution Service last night confirmed that it would contest the "unduly lenient" sentence given to a teenage drug dealer who was allowed to walk free from court.

Thomas Scarth, 19, who was filmed by police stashing drugs behind the bumper of a car, escaped a prison sentence at Teesside Crown Court after Judge Guy Whitburn said jails were overflowing.

Instead he was handed a 12 month suspended sentence and a 100 hour community service order - but the decision by the judge provoked outrage.

Martin Goldman, the chief crown prosecutor for Cleveland, said the case was being referred to the Attorney General who will decide whether it can be heard by the Court of Appeal.

It could reverse Judge Whitburn's decision and jail Scarth for up to three years.

Mr Goldman said: "I have now been able to review all of the necessary paperwork in the Thomas Scarth case and have concluded that the case should be referred to the Attorney General for him to consider referring the case to the Court of Appeal as an unduly lenient sentence.

"The papers are in the process of being prepared for the Attorney who will base his decision on a thorough review of the case, relevant sentencing law together with an opinion from treasury counsel.

"In making his decision on unduly lenient sentence cases, the Attorney General acts in his independent public interest capacity."

Jobless Scarth, of Roseberry Road, Redcar, had admitted possession of class A drugs with intent to supply after being found with 83 wraps of heroin and his own business cards.

The decision not to jail him was criticised by Redcar MP Vera Baird, a qualified barrister, who said the Prison Service's own figures showed that there was spare capacity in North jails.

Middlesbrough Mayor and former police chief Ray Mallon also joined in the debate and said Judge Whitburn had failed to show "good judgement".