PROSECUTORS have explained why they were unable to charge a Barrow man who suggested bombing Furness General Hospital with a more serious offence.

Leroy McCarthy, who also uses the name Abdullah Mahmood, was jailed for 18 weeks at Furness Magistrates' Court yesterday.

The court heard the 22-year-old had made a series of "offensive, anti-semitic and homophobic" Facebook posts to his 340 online friends on Friday October 6.

McCarthy, using the name Abdullah Mahmood, said: "They wouldn't be able to evacuate all of FGH's patients in time before at least one of the three explosions."

McCarthy, who also called himself a soldier of Allah, has 14 months left on licence after being released from custody in June after assaulting his partner.

He also posted: "14 months then it's passport and off to join my people's cause. I cannot wait to turn my back on the UK."

Another post called murdered soldier Lee Rigby a "white coward who invades countries and rapes people", and said "free my brother".

When he was arrested, McCarthy told police "if he was going to bomb somewhere it would be the Trafford Centre".

He was later charged with sending by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character, an offence under the Communications Act 2003 which carries a maximum six-month custodial sentence.

At yesterday's sentencing, prosecutor Mr Lee Dacre, said: "He would have been here today on a terrorism charge but for the settings on his Facebook. It is a legal technicality."

The Crown Prosecution Service (CPS) has since confirmed what the legal technicality is and why making a malicious communication was "the most appropriate offence to charge in light of the available evidence".

A spokesman added: "There is an offence of encouraging terrorism contrary to section 1 of the Terrorism Act 2006. However, this requires the prosecution to prove that:

1) the defendant published a statement intending the public to be directly/indirectly encouraged or otherwise induced to prepare/instigate/commit act of terrorism or convention offence or being reckless

2) providing electronically any service by means of which the public have access to the statement.

"In this case the messages posted on Facebook were private as opposed to public in that they were only accessible to McCarthy’s friends as his settings were set to private."

At yesterday's court hearing, McCarthy's solicitor, Ms Maureen Fawcett, said in response to his post about leaving the UK that he "has never been abroad on a lads holiday".

Ms Fawcett added: "He accepts the postings would have been grossly offensive and upsetting, but they were taken out of context.

"He had fallen out with his sister who works at the hospital.

"He has also never been abroad on a lads holiday and he wanted to leave the UK to get his life back on track."

Other posts were described as anti-semitic and homophobic.

Ms Fawcett said: "He has pleaded guilty today and the officers who have been with him actually thanked him for how open and frank he has been.

"He reverted to become a Muslim when he was released from prison in 2015 and he is more peaceful since then. He had taken about 20 valium on the day he posted these.

"He was homeless and struggling to get by. He has got a flat for the first time since being released and is due to move to Egerton Court on Wednesday."

McCarthy, of Hall Street, was also ordered to pay £85 costs and a victim surcharge of £115.