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Judge tells prolific crook: 'I can't punish you for another crime'

A leading judge has expressed concern over a change in the law that allowed a prolific crook to escape without receiving further punishment for his latest crime.

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Alan Brookes had only been out of prison for six weeks when caught at the wheel of a stolen car just hours after it had been stolen in a car key burglary.

This broke the terms of his early release from the jail term imposed for a robbery.

The 47-year-old, who had previous convictions for over 60 offences, was returned to prison to complete the remainder of the sentence, meaning he is not due to be set free again until January 2019.

In those circumstances judges are not allowed to impose a consecutive jail term for a subsequent crime committed during the period of the licence and so the two sentences must be served simultaneously.

Brookes was given 14 months behind bars at Wolverhampton Crown Court on Monday after admitting aggravated vehicle taking, driving while disqualified and not having insurance.

This will be completed before the end of the jail term currently being served for the earlier robbery.

Judge James Burbidge QC said when passing the latest sentence: "This means he gets a 'free' crime which is worrying. I do not have the power to impose a sentence that starts when his licence period expires. Members of the public would be outraged by this."

Brookes, of no fixed address, led police on a seven mile chase after being spotted at the wheel of a Volvo in Hagley within three hours of the vehicle being reported stolen in a car key burglary on a house in Sedgley on New Year's Eve, the court was told.

During the pursuit he drove through a business park at 70mph – seven times the 10mph limit, explained Mr Patrick Sullivan, prosecuting.

The defendant then careered up a track and ended up in a muddy field where he was boxed in by police vehicles and arrested.

Miss Kamalpreet Shergill, defending, said Brooke's had 'taken a chance' and borrowed the Volvo from somebody else to drive after learning that his son had died from a suspected drugs overdose.

He wanted to talk about the tragedy with his uncle who lives in Worcester. The lawyer added: "He knew the offending would land him back in prison and panicked after realising he was being followed."

Judge Burbidge said: "I cannot understand why he needed to use a stolen car to discuss the matter with his uncle with the communications we have.

"But he knows the sentence I have just passed will not affect his current release date after he has served the remainder of his licence period."

Brookes was also banned from driving for a further two years seven months.

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