A furious judge went further than describing the law as an ass - he said credulous lawyers would even believe tall tales about headless ghosts.

Judge Richard Hayward accused the Crown Prosecution Service of making a laughing stock of the justice system by believing an unlikely story spun by a burglar to avoid jail.

He suggested lawyers would be willing to believe anything a suspect told them.

Judge Hayward hit out while sentencing convicted burglar Wayne Furber, who tried to raid a hotel that was being refurbished.

Furber, 29, of Millthorpe Road, Horsham, was arrested when his blood was found on broken glass at the scene.

He was accused of stealing a CD deck, amplifier, 40 CDs, furniture, ornaments, three TVs, a video recorder, cutlery and two mirrors.

He admitted burglary - but only on the basis he had gone into the hotel looking for scrap metal after someone else broke in.

He blamed the earlier intruder for stealing the items.

CPS lawyers accepted the claims, incurring the ire of the judge, who was forced to impose a community service sentence.

Judge Hayward, sitting at Hove Crown Court, let fly at Nigel Taylor, prosecuting, who was not the lawyer who made the decision. He told him: "That's a complete farce. Why was it agreed?"

Mr Taylor said the plea had been accepted by counsel Rowan Jenkins, adding: "I'm not going to stand in the firing line. I'm bound by this written plea."

Judge Hayward replied: "It's an absolute disgrace, a complete farce.

"This sort of thing makes the system a complete laughing stock."

Mr Taylor admitted: "I agree. It surprises me but I'm bound by it."

The October 2002 burglary took place at the Woodbury House Hotel in East Grinstead. Mr Taylor told the court: "It was closed for development and a board placed over the rear kitchen door while work was carried out. The premises were checked at 4pm that day by the manager.

"At 9.30pm they were checked again by a security officer who found the boarded-up kitchen door had been removed and the door had been smashed off its hinges. There was glass on the floor from the door.

"Scenes of crime officers found blood on the glass which was then matched to this defendant."

Furber said he had entered the premises but denied breaking the door and denied taking anything from inside.

He said he had slipped on the floor and cut his hand on the glass while looking for scrap metal.

Jennifer Grey, defending, said: "There was a suggestion there was a pattern of blood consistent with breaking the window.

"One spot of blood was found on a piece of glass.

Judge Hayward interrupted: "So he goes to East Grinstead, happens to see the hotel, there might be some scrap metal inside it, he falls over, cuts his fingers and goes home. That's the scenario?"

Miss Grey replied: "In effect, your honour."

Mechanic and father-of-four Furber was said to have six previous convictions for 15 offences, including two for burglaries in 1989 and 1990 as well as driving while disqualified and failing to surrender to bail.

Sentencing Furber to 140 hours' community service, Judge Hayward told him: "You put forward a basis of plea that you had gone to the premises looking for scrap metal, saw that the premises had already been broken into and then entered with a view to seeing what you could find.

"But you fell over, cut your finger and then left without taking anything.

"The prosecution in its wisdom accepted that basis of plea.

"This sort of basis of plea makes a joke of the system but I am bound by that basis of plea and sentence you on that basis.

"A custodial sentence is not appropriate.

"No doubt if you said you saw a ghost carrying a head under his arm and fell over, the prosecution would have believed you."