A DRUG dealer who was allowed to walk free because jails were full must spend two years in prison, the Court of Appeal ruled yesterday.

Thomas Scarth, 19, was given the custodial sentence after three appeal judges found he should have been imprisoned for possessing 83 wraps of heroin with intent to supply.

In January, Judge Guy Whitburn allowed Scarth to walk free from Teesside Crown Court because he said jails were overflowing.

The teenager, who was originally given a 12-month suspended sentence and 100 hours community service, must hand himself into police by noon today or risk arrest.

Martin Goldman, Cleveland Chief Crown Prosecutor, applied to the Attorney General Lord Goldsmith to have the case reviewed, saying the sentence was unduly lenient.

It was referred to the Court of Appeal in London, which yesterday accepted the arguments.

The Lord Chief Justice, Lord Phillips, sitting with Justice McCombe and Justice Gross, said the fact jails might be full had no relevance in Scarth's case.

Judge Whitburn was not available for comment yesterday.

However, he had previously issued a statement stating that sentencing decisions reflected the full range of evidence presented to the court, as well as a variety of other factors.

He has refused to comment further on the issue.