THE Armistice Day poppy thief who then tried to sell the symbols of remembrance has avoided a jail sentence.

Russell Summers escaped a prison sentence despite Blackburn magistrates describing the act as "disgusting".

But police will continue to pursue an order which will ban the persistent beggar and drug user from Blackburn town centre.

Summers, 52, of no fixed address, pleaded guilty to theft of poppies belonging to the Royal British Legion and using threatening behaviour on November 11. He also admitted a charge of begging in King William Street on September 3 which he had originally denied.

Summers was made subject to a community order for 12 months with 15 days rehabilitation activity requirement and ordered to pay £20 compensation to the Royal British Legion and £50 victim surcharge. The application for a criminal behaviour order, which is contested, will be heard on December 13.

Imposing the sentence the chairman of the magistrates said she agreed with the defendant's assessment of the offence as "disgusting." She also pointed out that Summers had breached his last community order and ended up in custody.

Hillary Reece, prosecuting, said a security officer from a town centre store had reacted to a report that Summers was being abusive and threatening towards an elderly gentleman.

The security officer intervened and then told Summers to get out of town. He went back into the shop and monitored Summers on CCTV and saw him carrying a blue bucket containing poppies.

"He was approaching people and trying to sell them poppies," said Mrs Reece.

"The witness found it particularly distasteful that he had stolen from a charity. The obvious reason for poppies being sold is to commemorate those who have fallen."

Mrs Reece described Summers as a prolific offender who posed a real problem in the town centre.

"As well as begging he frequently uses drugs in the town centre when there are members of the public around," she said.

Imran Hussain, defending, said his client accepted that his behaviour of Armistice Day had been reprehensible.

"What makes it more shocking is that his brother gave his life fighting the IRA in Northern Ireland," said Mr Hussain. "He understands what the poppy stands for."

Mr Hussain said on the day Summers was in a drug induced stupor and did not have control of his senses.

"He accepts that he took the poppies and, with another man, tried to sell them," said Mr Hussain. "It was a low value theft but clearly there were aggravating features."

He said heroin was behind his client's difficulties and it had lead to him being homeless for the last six months.

"He tells me life on the streets at night is quite terrifying," said Mr Hussain.

He said there were certain conditions of the criminal behaviour order sought by the police that Summers didn't agree with.