A SEX offender banned from having unfettered access any internet enabled device was caught out during a Probation Service interview when his secret smartphone vibrated in his pocket.

Carlisle's Rickergate Magistrates Court heard how Workington man Jonathon Lewis Fell, 22, was given strict conditions as part of a crown court sentence which included him informing police within three days if he ever acquires an internet enabled device.

This is so that it can be fitted with monitoring software.

Pam Ward, prosecuting, described how Fell attended an interview with Probation Service staff in Workington on February 24.

"He had a smartphone in his possession," said Mrs Ward.

"The officer found out after the phone vibrated in the defendant's pocket.

"At first he denied it.

"But when questioned, he produced the phone.

"He is supposed to notify police that he has such devices within three days. When he was interviewed, he admitted that he'd had the phone for three weeks and he had not notified them of this."

She said the prosecution felt that the case would be more suitably dealt with by a judge at Carlisle Crown Court. Mrs Ward added that the defendant had previously breached his Sexual Harm Prevention Order.

Lauren Heasley, for the defendant, whose address was given as Firth View Walk, Workington, told magistrates: "He said quite simply: "I shouldn't have had the phone. It's as simple as that.

"He didn't want to give further instructions."

The court heard that the defendant had now been recalled to prison.

In the meantime, police were conducting a forensic examination of the smartphone Fell had, said the lawyer. He had been released from prison on January 27 and was then arrested within a matter of days, added Miss Heasley.

District Judge Gerald Chalk sent the case to Carlisle Crown Court for a hearing there on March 27. "This is your second breach of the court order and I think therefore that it is more appropriately dealt with by the crown court," he said. There was no application for bail and the defendant will in custody until he is back before the court.

Fell spoke only to confirm his name and enter his plea.