A NEW dad will be able to spend Christmas with his six-week-old baby after magistrates granted his freedom.

Joseph Farrelly Phillips, 31, who had been caught with tools ready to steal, wanted to be a proper father to the child and was anxious to be re-united with his family, the Burnley bench was told.

Phillips, who had been on remand in custody, was given a 12 months community rehabilitation order, after admitting to interfering with a motor vehicle and two counts of going equipped for theft.

He was told by the justices he had a long history of offending, was in breach of a conditional discharge, but appeared to have shown a positive response to a community rehabilitation order he was subject to. The defendant, of Reed Street, Burnley, had 127 previous convictions, but his solicitor said his offending was slowing down.

Sarah Statham, prosecuting, said just after 1am police saw the defendant and his girlfriend, were suspicious and followed them. Phillips shone a torch in a parked car and officers heard the sound of metal as if the defendant was trying to force open a door. When they approached he ran off.

Phillips was caught after a chase and asked: "Its not a crime to walk round with a torch is it?"

Miss Statham said police searched back yards near to where the defendant had run and found a screwdriver, a knife, spanner and ratchet.

In another incident Phillips was on bail when an officer approached him in the early hours. He pushed her to one side, throwing a screwdriver, torch and lighted cigarette towards her. He was chased, caught and a pair of pliers were found down his trousers.

Brian Irlam, defending, said after Phillips had been given community rehabilitation, he had been trouble-free for five months. Hopefully his offending would continue to get less with the help and guidance of a probation officer.

He said prison was no deterrent for the defendant who had served various terms.

Mr Irlam said that Phillips' drug taking had got less and he was now more mature and responsible. Six weeks ago his girlfriend gave birth to his first child.