Homeless man's solicitor admits 'unusual' request as he asks for client to be jailed

Neil Ashton, mitigating for Scott Mills, admitted he was in the unusual position of requesting the defendant be locked up during a hearing at Kidderminster Magistrates Court on Saturday.

Mills, 51, was arrested at his mum's home in Whitchurch at around 5.15pm the previous day, breaching a 12-month behaviour order issued by Shrewsbury Crown Court in April which banned him from entering the north Shropshire town.

Miss Virinder Bains, prosecuting, told the court that when officers attended, the defendant said he had been there for five days.

"He said he was of no fixed abode and wasn't going to be on the streets anymore," she said.

Speaking on Mills' behalf, Mr Ashton said he had been homeless for sometime and had nowhere to go.

"When pressures get too much he has taken the decision to breach the order by going to mum's," he said. "He knows police will be called and he will be arrested."

Mr Ashton said that a night in the cells had given the 51-year-old, whose record was described as "unenviable", some respite from sleeping on the streets; he had eaten and had slept on a "relatively comfortable" bed.

Admitting his presentation to magistrates was "unusual", he continued: "He wants to be sent to prison because the alternative is being let out on the streets in late November/early December when it's cold and wet."

Mr Ashton finished his remarks by saying: "Please send him to prison."

Magistrates imposed a 16-week jail term, noting his "persistent breaches" with this being the third since April.

A surcharge of £154 was also imposed.