ONE of East Lancashire's most prolific offenders said he has literally been driven underground by police.

Career car criminal Joseph Farrelly Phillips, 34, who is on a night-time curfew, is now living in a cellar under a house in Burnley.

His lawyer told the town's magistrates police had been waking him at all hours to check on him and claimed his human rights were being flouted.

Brian Irlam said Phillips, an amphetamine addict, was having to live in the cellar "purely and simply because of the attitude of the police".

Mr Irlam continued: "He does not want to live with friends or family and to have them constantly disturbed in the early hours of the morning."

The defendant, who has about 150 criminal convictions and is constantly in and out of jail, was allowed his freedom so probation officers can assess whether he is suitable for the Dordrecht Initiative.

He was said to have been arrested and locked up after being caught 12 minutes outside his curfew deadline. Phillips once spent a night in custody because he was found in the back yard of the property where he lives, the court was told.

Phillips, of Oxford Road, Burnley, admitted attempted theft on May 2 and breach of bail and he was bailed until June 30. He must live at his given address, stay inside between 10pm and 8am and report to Burnley police station between noon and 2pm on Saturdays and Wednesdays.

The defendant last summer made headlines when he was trying to syphon petrol from a car, cut the suspension cable instead of the fuel pipe and the vehicle crashed down on top of him.

Christiana Buchanan, prosecuting, told the court yesterday the defendant was a persistent offender, offended while on bail and in breach of prison licence.

In his latest criminal escapade, he was seen running away from a car and a stereo was found hanging in the vehicle. Two screwdrivers were found inside a jacket at the scene.

Phillips was later arrested and police discovered two screwdrivers in the vehicle in which he was a passenger.

Mr Irlam told the court police had been knocking on Phillips' door at all hours to make sure he was abiding by his then 8pm to 8am curfew. They were calling not just between 8pm and midnight, but at one o'clock and two o'clock onwards and he was satisfied the defendant's human rights were being contravened.

Phillips had been out of trouble for six weeks and that was something of an achievement for him, particularly considering his current lifestyle and the way he had to live.

The cellar he was living in had no cooking facilities or other amenities but Phillips had been abiding by the curfew for many weeks. The night he was arrested he had lost his key and gone to his landlord's to get another.