A HOMELESS woman who sleeps rough on Deeside was back in court after she escaped bad weather by trying to sleep in a supermarket foyer.

Ilona Kliucevic was arrested and kept in custody overnight to appear in court.

At North East Wales Magistrates Court at Mold she was fined £30 with a £30 surcharge but the penalty was deemed "time served" by the 12 hours or so she had spent in custody.

Magistrates were sympathetic and said that they appreciated that she was "surviving in very difficult circumstances" and told her: "We do feel for you."

However she had breached the community protection order by entering Asda on Deeside and she knew she should not have done it.

But they would not order costs against her and they wished her well.

The same thing happened last week when she admitted four breaches of the notice – including twice at Asda when she admitted sleeping in the main foyer and sleeping in the smoking shelter.

Kliucevic was brought from custody and when the charge was put to her, she said: "Yes, where else would I sleep?".

She followed the proceedings with the aid of a Lithuanian interpreter.

Prosecutor James Neary said the notice was issued in February and contained a number of prohibitions including not to enter Asda at Queensferry.

But she went there at 11pm last night and sat in the corner of the main foyer.

A member of staff recognised her, reminded her of the notice and asked her to move on. "But she just continued to sit there," said Mr Neary.

"The police have brought her before the court in custody although this is a non-imprisonable offence."

They could have bailed her to a future date, he said.

Mr Neary said the court had very limited sentencing powers – a fine or a conditional discharge.

Solicitor David Matthews, defending, said his client was a Lithuanian national who entered the UK to obtain a job and she had worked very hard in a local food factory.

"She came to join her partner but was rendered homeless when they fell out," he said.

Kliucevic had struggled since to find accommodation and further work in the UK.

"She has found herself in what is effectively a trap without any benefits or a place to live but she is doing her best to get out of this situation."

Mr Matthews said with the very bad weather last night she chose to break the order by sitting in the corner of the Asda foyer to keep warm and get some sleep.

Police attended at the request of Asda security and officers had acted properly within their duty by arresting her.

But they could have taken a pragmatic approach and simply moved her on, Mr Matthews said.

Quite often such breaches were dealt with under the fixed penalties ticketing procedure but instead she was transported to the custody suite at Llay, transported back to court in the morning, a Lithuanian interpreter had been engaged who travelled from Birmingham, Mr Matthews said that he had been engaged as the court duty solicitor, custody staff had been engaged and court time and resources had been used.

His client had no income and he suggested that a notional fine be deemed time served by the 12 hours she had spent in custody.

Mr Matthews stressed that while she accepted breaching the order by her presence there was no suggestion of any disorderly behaviour on her behalf.

"She has not caused any trouble in Asda.

"The only loss has been to the public purse for her detention in custody and her production in court which could have been avoided if she had been bailed to a future date."