A judge has criticised the Crown Prosecution Service for wasting public money over a case which could have been resolved months ago.

Judge Charles Kemp said a considerable amount of cash had been spent needlessly because prosecutors refused to accept a defendants' offer to be bound over to keep the peace and then changed their minds.

Hove Crown Court heard Christopher Foreman was accidentally sprayed in the face with pepper spray by police during an incident in West Street, Brighton, in June.

He denied using threatening words or behaviour to officers but was found guilty and fined £115 when he appeared at Brighton and Hove Magistrates Court in September.

Mr Foreman, 25, of Poplar Avenue, Hove, appealed to Hove Crown Court and his conviction and sentence was quashed.

Joss Greenhow, prosecuting, said it was now felt a bind-over was a more suitable way of dealing with the case and invited Judge Kemp to uphold the appeal.

He told the court: "Officers were called to a disturbance involving a large group of men in West Street in the early hours of June 3.

"One of the officers spoke to Foreman and warned him that he would be arrested if he continued to swear."

Sophie Shotton, defending, said Mr Foreman did not accept his behaviour was abusive or threatening.

She said: "He was accidentally sprayed in the face and was suffering from the effects of that when he said what he did."

Judge Kemp heard the defendant's offer to agree to a bind-over when he appeared at the magistrates court had been turned down.

Sitting with magistrates, he upheld the appeal and substituted the conviction and fine with a 12-month bind-over to keep the peace in the sum of £250.

He said: "The magistrates are volunteers and yet we find they and a circuit judge are sitting here on Christmas Eve hearing an appeal in a case which could have been properly disposed of in September.

"Mr Foreman was legally aided and a considerable amount of public time and money has been wasted as a result."

As he left court, Foreman said: "I am glad the judge upheld my appeal and agree that it should never have got as far as this."

Crown Prosecution Service spokesman Mark Bishop said: "It would not be right to comment on His Honour's remarks.

"I should stress, though, that Mr Foreman had initially denied any wrongdoing whatsoever."