Larissa Wilkinson, 19, of Mirfield was charged with depositing controlled waste after her 18-month-old niece dropped a single wrapper which flew out of a car window.

Judge Roger Scott claimed the hearing was the most inappropriate set of proceedings he had seen during his career.

And at Bradford Crown Court last Thursday, he told Larissa to sit in the witness box rather than the dock.

Later, student Larissa said she had not realised what had happened. "The first I knew was a month later when I got a letter from the council," she said.

And after hearing Judge Scott question Kirklees Council, she added: "I'm so glad he was on my side."

The judge said to council prosecutor Austin Newman: "I've looked it up and I don't see how you could possibly argue that it was controlled waste. I cannot for the life of me see it's appropriate.

"It's the most inappropriate set of proceedings I've personally ever, ever seen and it's a fantastic waste of community chargepayers' money. This was a grotesque misuse of the powers of the authorities."

After handing her a caution, which she accepted, he told Larissa: "Miss Wilkinson, I hope you've enjoyed your day in court. Please put a sticker up in your car saying 'no litter please, except in your ashtray'."

He estimated if the case had gone before a jury it would have up to £10,000.

Art student Larissa was driving in Huddersfield in her Fiat Punto with her niece Lila Henderson.

She had only passed her driving test a month before the incident. She said: "I hadn't given Lila any sweets but there were some mints in the pocket of the passenger door and she delved in. She was making a bit of a mess with all the papers."

Praising Judge Scott she said: "He really ripped into the prosecution. He could not believe what I was doing there. I'm grateful I didn't have to go through with a trial. It felt odd that I was in a major court that deals with murderers and rapists. It was quite scary and quite crazy.

"I had three appearances at the magistrates' court and this one at Crown Court before anyone realised how daft it was."

A Kirklees Council spokesman said: "The judge felt it couldn't be classed as controlled waste and his view has been noted. Miss Wilkinson was charged with an offence because the person in control of a vehicle is liable for waste thrown from that vehicle whether they threw the waste or not.

"It was always the local authority's intention that this matter would be dealt with in the magistrates' court. However, Miss Wilkinson chose to have the matter heard in the Crown Court."