Police have failed in their bid to have a convicted criminal subjected to a hard-hitting court order that would have banned him from virtually all the homes and shops in Workington.

Mark Oscar Folden, 40, is currently serving a jail sentence for offences of handling stolen goods and fraudulently using credit cards stolen in raids on homes in the Workington area, Carlisle's Rickergate Magistrates' Court heard.

Police brought the defendant back to court in a bid to win a judge's approval for a so-called Criminal Behaviour Order.

But defence lawyer John Cooper, representing Folden, of Gladsone Street, Workington, persuaded a deputy district judge that the order being sought would not help prevent a repeat of his offending.

Prosecutor John Moran outlined the terms of the order that Cumbria Police were seeking.

It aimed to ban Folden from entering any dwelling, outbuilding, or yard, in the town, unless he had the express permission of the owner or tenant; and from going into any retail premises in Workington town centre.

In addition, the order aimed to ban Folden from having bank, building society or credit cards not in his name; and from entering specific shops, including the P&D newsagents in Corporation Road; Tesco in Newbridge Road; and the Moss Bay Convenience Store, in Mossbay Road.

Mr Moran said that the order applied for would give police the power to be more “proactive” when dealing with Folden.

The lawyer said: “He is a prolific criminal and has a number of burglaries on his record. The order will allow the police to prevent him from committing crimes.”

Giving evidence, Police Constable Laura Tyson said the intention of the order as sought was to prevent the defendant from offending, and causing distress to victims. She said his offending had over the years included a lot of shoplifting.

But Mr Cooper urged Deputy District Judge Roger Lowe to consider the range of consequences which could result for Folden if he is deemed to have breached the order, which carries a potential five year jail term.

The lawyer said his client had been homeless, and slept in yards, so in theory that behaviour could become criminalised if the order was approved. The same could happen if he picked up a bank card in the street, or borrowed one from his girlfriend.

Mr Cooper added that Folden was unlikely to repeat the fraud offence, given that such crimes are very easily solved with the help of shop CCTV images.

He said to PC Tyson: “If he is found in somebody else's house, you would be investigating him for burglary.” The officer said police would obviously check whether or not Folden had permission to be in that premises.

Delivering his judgement, Judge Lowe said he accepted that Folden's offending had caused distress to his victims. He was not satisifed the order would prevent a repeat of the offences he was jailed for – fraud and handling stolen goods.

Those offences were distinct and discrete and they were not offences the defendant was in the habit of committing, said the judge.

Thus he declined the make the order.