A woman accused of smuggling tobacco into HMP Northumberland has walked free from court.
Almost eight months after being charged, Maria Lavery spent less than three minutes in court before being told: "You are free to go".
The 47-year-old was accused of trying to bring the contraband into the Category C jail on January 20.
She appeared at South East Northumberland Magistrates' Court on September 5 but before she could enter a plea she was told the case against her had been withdrawn.
Northumbria Police had charged Lavery, of Hardy Avenue, South Shields, with bringing a list 'A' article into the Acklington jail.
However, list 'A' items are the most serious items of contraband, such as hard drugs or weapons.
Instead, the court heard she should have been charged with a much less serious allegation of bringing in a list 'C' item.
That offence is summary only while the other could only be heard by a judge.
Eve McDonnell, prosecuting, said: "Unfortunately the police have charged the wrong offence."
Had the offence been heard in court within six months of the defendant being charged, the allegation could have been changed on the spot.
But as that deadline had expired, the prosecutor said: "Unfortunately we are now out of time."
Appearing to fight back tears, the defendant thanked her solicitor Michael Crowe before leaving the building.
The court heard Northumbria Police officials will be asked to explain the error.
ChronicleLive contacted the force for further comment.
Typically the Crown Prosecution Service charge suspects. However, individuals found attempting to take category 'C' items into jail are charged by the force instead.
