THE controversial case of a teenage drug dealer who escaped a prison term is to be referred to the Court of Appeal, it emerged last night.

Cleveland Chief Crown Prosecutor Martin Goldman referred the case to the Attorney General on the grounds the sentence was "unduly lenient".

The Court of Appeal will now decide whether to reverse Judge Guy Whitburn's decision to sentence Thomas Scarth, of Roseberry Road, Redcar, to 100 hours community service and a 12-month suspended sentence.

The 19-year-old could face up to three years in jail if the Court of Appeal decides to re-sentence him for the offence of possession of Class A drugs with intent to supply.

The case sparked outrage when it was revealed Judge Whitburn, sitting at Teesside Crown Court last month, allowed the dealer to walk free because he said the prisons were full.

Scarth had been filmed dealing drugs by undercover police officers, who found him with 83 wraps of heroin.

The Attorney General last night agreed to send the matter to the appeal courts.

Mr Goldman said: "We are now awaiting a hearing date from the Court of Appeal."

Sentencing Scarth at the time, Judge Whitburn, said: "The jails are overflowing . . . and we are urged not to imprison young men for offences of this nature if they are of a comparatively minor scale."

Days later, the judge jailed drug addict Colin Clark, of Borrowdale Street, Hartlepool, to three years after he was found with two 30g bags of heroin.

Judge Whitburn could not be contacted for comment last night.