Magistrates have hit back at police concerns over leniency towards beggars in court.

Last week we reported how police striving to clear Swindon town centre of vagrants are frustrated that, in many cases, they are conditionally discharged and back on the streets within hours.

But members of the Magistrates Association stress they care about the feelings of local people on the matter of vagrancy, and say they are not being too lenient.

The association says the problem is of concern not just to magistrates but to many other agencies for criminal justice in Wiltshire.

Katherine Dover, honorary chairman of the Wiltshire Branch of the Magistrates Association, said: "Magistrates have to work within the law, and our sentencing powers for vagrancy are a maximum of one month's imprisonment or a fine.

"The maximum is only applicable when there are serious aggravating features. Many vagrants have spent time in custody before they come to court and this must be taken into account. To give other than a brief period of custody for begging would not be sustainable and, in the light of the recent Human Rights Act, unlikely to be upheld at appeal."

Mrs Dover said fines are available to magistrates: "By law our fines have to reflect a person's means to pay. So you see the dilemma you cannot fine heavily someone on no income. They would no doubt go back on the streets to beg to pay off their fines."

Magistrates accept that vagrancy is a social problem and that Swindon's image is important.

Mrs Dover added: "The 'result' police are looking for is not in our remit, and any updating of the law is a matter for parliament.

"It is particularly sad if the public sees us as too lenient or too anything at the moment, as there is a danger of losing the lay magistracy in its present form. The Home Secretary has made no secret of the fact that he would like to replace a bench of three lay magistrates with one professional stipendiary magistrate (District Judge)."

Chief Inspector Nick Maslen, of Swindon Police, said: "The way forward must be through the co-activity approach encouraged by the Government's Crime and Disorder legislation. This places a positive responsibility on a core partnership of police, local council, health authority and probation service to analyse local problems and set strategies to solve them."