AN application to ban a "prolific" shoplifter from Kendal shops has been rejected - because it was submitted to a judge too late.

John Paul Fairer was jailed last month for breaking into a town church. He snatched items which included a silver cross, candles and electronic equipment.

The homeless drug addict had intended to sell his haul from St George's to buy more illegal substances.

Fairer, formerly of Tebay, was sentenced at Carlisle Crown Court having pleaded guilty to burglary. He also admitted the earlier theft of a designer jacket from Kendal's TK Maxx store.

Fairer was jailed for a total of 40 weeks by Recorder Michael Smith, who heard the defendant was a "prolific shoplifter and burglar".

But the 31-year-old criminal was brought back before the court and the same judge on Monday. This was in response to an application for Fairer to be given a Criminal Behaviour Order (CBO).

CBOs are designed to tackle the most serious and persistent anti-social individuals where their behaviour has brought them before a criminal court.

During this week's crown court hearing, prosecutor Francis McEntee conceded an application for a CBO should have been made at the time Fairer was sentenced. "That matter was quite simply overlooked," he said in an address to Recorder Smith. "Your Honour is now invited to make the order in retrospect."

Mr McEntee stated the CBO was intended to prevent Fairer from committing further crimes in Kendal stores - as he had in the past.

But Fairer's lawyer, Jack Troup, opposed the application, suggesting there was "no power" to make it.

Court decisions could later be varied in "exceptional circumstances" if an accidental "slip" or clerical error had been made, he argued. But Mr Troup said handing Fairer a CBO now - after his sentencing hearing - would bring an "additional penalty".

After considering submissions Recorder Smith rejected the application, saying he was "not satisfied" he had the power to now make a CBO.

"I cannot, having passed sentence, revisit the matter afresh," the judge concluded.