A drug testing kit used by police on a substance found in a man’s garden wrongly flagged it as “cocaine”, a court heard.

Officers visited Edward Charles Brand’s Carlisle home on September 29.

Small amounts of cannabis and diazepam were found, along with a larger quantity of another substance.

Prosecutor Gerard Rogerson told Carlisle Crown Court: “Mr Brand continued to be adamant that the substance police found in the back garden - albeit in an usual place, a void in a garden fence - was not cocaine, it was creatine.”

A legal substance, creatine is said to be most commonly used for improving exercise performance and increasing muscle mass.

“An initial field test conducted by the police showed it was cocaine,” said Mr Rogerson.

But he added: “Full forensic analysis showed it was creatine. Clearly the false positive has caused some worries, and police are investigating that with the manufacturer of the field testing kit.”

Brand, 22, was remanded in custody for six weeks having been hit with a “possessing cocaine with intent to supply” charge, which he denied.

But at the crown court last week - following the full analysis - that charge was dismissed by the prosecution.

Brand admitted cannabis and diazepam possession.

This meant he breached a suspended two-year prison term imposed earlier this year for conspiring to supply cannabis.

“A number of bags were found at the defendant’s home and telephone messages between he and co-defendants indicating his involvement in the supply of cannabis on the streets of Carlisle,” Mr Rogerson said.

Mark Shepherd, defending, suggested it would be “unjust” to activate Brand’s suspended jail term despite the new offending. A father-to-be and “skilled joiner”, Brand was “motivated” to complete outstanding unpaid work and to turn his back on crime.

After hearing submissions, Judge Andrew Jefferies QC concluded it would be unjust to jail Brand, of Briar Bank, Belah. A two-month night-time curfew was imposed for the breach, and a day’s custody - already served - for the drugs possession crimes.

But Judge Jefferies told him: “If you are back for a breach, or new offences - even if it is just one cigarette of cannabis - you will go to prison for two years. There won’t be another chance.”

Cumbria police has been approached for comment.