A THIEF has been handed a conditional discharge after spitting in a police van and stealing beer.

Joshua Newbury entered guilty pleas to one count of causing criminal damage and one count of theft from a shop when he appeared before magistrates in Hereford by video link from prison in February.

A store manager at Hereford's Holme Lacy road Co-operative shop had approached Newbury after hearing bottles clinking in his bag on January 12, prosecutor Eleanor Peart told the court.

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Newbury returned one of the bottles, and the manager asked him to remove the rest from his bag.

The court heard Newbury claimed he had paid for them and left the shop before handing more bottles back to the manager outside.

The criminal damage came two days later, Miss Peart said, when Newbury spat in the cage of a police van after being arrested.

In interview with officers, Newbury, who has 22 previous convictions, said he had been intoxicated and did not remember doing it.

Emma Thorne, for Newbury, said the 30-year-old had committed the theft while heavily intoxicated.

"He handed one bottle back to staff in the shop and two more outside," she said.

"He did not realise he had another two in his bag."

Mrs Thorne said Newbury was so drunk at the time that he did not remember the incident and had to be shown CCTV by police.

"He does recall being arrested for another matter on January 14," Mrs Thorne said.

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"He was frustrated by that arrest and there was no further action taken on that matter. I appreciate that he spat and that this had to be cleaned up."

Newbury, who said he is currently of no fixed address, was handed a 15 month conditional discharge.

No compensation, costs, or victim surcharge orders were made as he is a serving prisoner and due to his lack of means.

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