A HOMELESS sex offender has been released into the community after telling magistrates they could find him living in a town centre walkway.

But within hours of being allowed free, Derek Brakenbury had disappeared from his "home" at the rear of Blackburn's TJ Hughes store. Police said that he had until the end of today to tell them where he was -- and they would have to begin hunting for him again if he didn't turn up.

Blackburn MP Jack Straw today expressed his concern about the case and said legislation was intended to ensure offenders had a proper address.

Brakenbury, of no fixed address, has served prison sentences for sexual offences against boys and girls and women.

He comes from Bradford and last registered there on October 7 but then moved to Manchester and then Blackburn looking for accommodation.

He was arrested in Blackburn last week for failing to notify police of his address under the terms of his release from prison and was jailed for a day.

Blackburn magistrates were told that he would be complying with the Sex Offenders Act as long as he told police where he could be found on a regular basis -- even if it was a park bench.

Daniel King, defending, told the magistrates that 58-year-old Brakenbury had be sleeping at the back of TJ Hughes and would continue sleeping on the streets of Blackburn town centre following his release.

He added: "It seems he can tell the police he is sleeping at the back of TJ Hughes and that will suffice under the terms of the Act."

Magistrates made their decision to release him after a day after the clerk read out a section of the Sex Offenders Act relating to homelessness, which said offenders must tell police where they can usually be found. He was not in the walkway over the weekend, despite repeated attempts by the Evening Telegraph to find him.

Blackburn MP Jack Straw, who was Home Secretary when the Act was introduced in 1997, said he was sure the legislation was not intended to allow convicted paedophiles to supply their home address as a park bench.

He said: "On the face of it I find the decision of the court to declare a street bench as a sufficient address an odd one to say the least.

"I am quite clear that when parliament decided on this system it meant what everybody understands by an address - i.e. a dwelling.

"I will therefore look into the matter further."

Under new legislation, which came into force in May, sex offenders have just three days after their release from prison to register their name and address with local police.

Det Insp Neil Hunter of the police's Public Protection Unit (PPU) said they had little knowledge about Brakenbury but were liaising with West Yorkshire Police.

He said: "If a sex offender has not notified the police of his whereabouts after three days he is in breach of the conditions. The authorities will be informed and he can be arrested. Before then, we could check the area, find him and not be able to do anything about it because he hasn't committed an offence."

Audley ward councillor Yusuf Jan-Virmani said allowing sex offenders to roam the streets was putting children at risk. He said: "When I served as member for social services I argued the local authority needed to work with the police and the Primary Care Trust to create an area where people like this can live.

"Sex offenders should not be scattered around so people don't know where they are, that is very bad for the community."