A man who impersonated his brother when he was caught driving while disqualified and without insurance has been jailed for eight months.

Colin Payne, 44, of Bencleugh Place in Irvine, previously pleaded guilty to five charges at Kilmarnock Sheriff Court.

Payne, who had since been on bail and subject to a social work report, returned to the court last week for sentencing.

On September 8 of last year, Payne drove a car on Irvine’s Kilwinning Road, despite having had his licence revoked on July 30 2009.

He was also found to be driving without the minimum insurance.

Payne then attempted to pervert the course of justice by stating to police officers that he was his younger brother.

On November 16 in St Kilda in Irvine, Payne again drove without a licence and without insurance.

At court last week, Payne’s solicitor, David McPherson, acknowledged that “these are very serious matters”.

But he added: “He has accepted responsibility. I’m hoping his Lordship will take a step back from custody here. He is under no illusions that there will be a period of disqualification. He’s suitable for a Restriction of Liberty Order – perhaps something that’s appropriate.

“The report does indicate that he would be fit and able to do unpaid work. His position this morning was that he would do anything that his Lordship wants as an alternative to custody.”

But Sheriff Watson sentenced Payne to eight months imprisonment, banned him from driving for three years and fined him £400.

He told Payne: “Your licence was revoked to protect members of the public. You hoped to evade justice by impersonating your brother.

“That was an appalling thing to do because it implicated him. Proceedings against him had already started then you went out and did it again. Your course of conduct goes against a court order to keep people safe from you being behind the wheel of a car.

“If you defy that, then expect to go to jail and that is where you will go. When you come out and if you do it again you will go back to prison and the sentences will just get longer and longer.”