A SOLICITOR slammed police for giving a gambling addict a fixed penalty for theft before "sending him on his way."

Burnley magistrates heard how Adam Peter Dewhurst, 20, who struck again a week later, had been on a community order at the time.

His lawyer Mark Williams claimed police "consistently" gave out fixed penalties "when they should not" and said that Dewhurst had no income to pay it.

Mr Williams hit out after Dewhurst admitted thieving on a family shopping trip to Burnley Asda and hiding part of his £68 haul in a child's wheelchair.

The defendant, of Grey Street, Burnley, admitted theft and was bailed until January 4, for a pre-sentence report.

The court was told how Dewhurst, who had breached the community order three times, took the tags off goods at Asda and concealed them. The defendant, who had 36 previous convictions, had earlier been given the fixed penalty after stealing from T J Hughes in Burnley.

Mr Williams told the bench Dewhurst shoud never have been given the fixed penalty. He said after the latest theft, the defendant had been bailed by the police and banned from shops and gambling premises.

He said yet the week before, the police were happy to tell Dewhurst: "There's a fixed penalty. On your way."

Mr Williams said Dewhurst's gambling addiction was getting worse but he had gone quite a long time without committing further offences.

He told the justices: "What you have is a man standing before the court saying 'I have got a problem with gambling and I need help'."

Police were given the power to issue £80 fixed penalty notices for shoplifting in 2004.

The British Retail Consortium has claimed that this had led to a rise in the number of offecnes as persistent shoplifters "know they will face no serious action if caught".

Most recent figures available show that Lancashire police handed out 5,500 on-the-spot fines in the year to July 2007.

As well as shoplifting, the fines are given for drunk and disorderly, criminal damage, and causing alarm harassment or distress.

If the fine is paid within 21 days the person will not face criminal conviction, according to police.