THE case of a serial fraudster who avoided a prison sentence because of 'good behaviour' may be referred back to a Crown Court judge, the Crown Prosecution Service revealed today.

Kelvin Clark, who has more than 70 previous convictions for fraud and theft, was sentenced to 120 hours community service by Judge David Pirie at Burnley Crown Court on Friday after sentence had been deferred.

He was told the punishment was an alternative for prison and a reward for keeping out of trouble for six months.

But Clark failed to mention that he had been before Blackburn magistrates and pleaded guilty to theft the day before.

The case prompted concern from local MPs and police said they were disappointed with what had happened.

Susan Riley, the lawyer in charge of the crown court unit, said: "I have requested all the files on the case and will see what options are available to us which could possibly include asking the judge to reconsider his sentence."

Clark had admitted trying to use a stolen credit card taken from the Accrington Stanley dressing room while he worked as a club physio last year.

When he appeared before Judge David Pirie in December last year he was given six months to change his ways.

And when he reappeared last Friday Clark, whose address at the time of his arrest was Rutland Close, Clayton-le-Moors, was given the community service.

Using a different address -- Holly Street, Blackburn -- and represented by a different firm of solicitors, Clark was at Blackburn magistrates the day before where he admitted stealing a drill from a house where he was working for a local electrical company.

John Dewhurst, the duty solicitor who represented Clark at Blackburn magistrates, said his record had no mention of the crown court appearance scheduled for the next day.