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A burglar who has “taken the Michael out of the system” will not go to prison because of overcrowding.
Ben Buckley, from Long Sutton in Lincolnshire, admitted breaching a two-year suspended sentence imposed last year for a string of offences.
Lincoln Crown Court heard Buckley, 27, of Bridge Road, failed to attend appointments with the Probation Service on 18 June and 24 July.
Recorder John Hardy KC told Buckley while people would say he “richly” deserved to be jailed, he would instead be fined because “prison conditions are unsatisfactory” and he had a young child.
Buckley was sentenced in April 2023 for offences including house burglary, making threats with an offensive weapon, affray, theft and possessing a Class B drug.
He was told to attend probation appointments as a condition of his suspended sentence.
Rebecca Freitas, defending, told the court Buckley was unaware of one appointment and had expected a text message from his probation officer to remind him of the dates.
She argued he should be fined rather than jailed, adding: “There is currently no spare capacity in the prison system.
“He hasn’t committed any further offences since this order was put in place and has a four-month-old child.”
Recorder Hardy told Buckley he could not complain if he was sent to custody.
“Any member of the public who had watched these proceedings and who has led a thoroughly decent life would say this man richly deserves prison. He has taken the Michael out of the system,” he said.
“However, I am not going to jail you because you have a four-month-old and, as is well known, our prison conditions are unsatisfactory.”
Buckley was fined £350 and must pay £150 in costs.
The prison population in England and Wales has reached a record high, according to figures released by the Ministry of Justice.
The number of inmates has risen by 1,159 since 2 August, the week when the UK riots began, and now stands at 88,521, the statistics show.
The government’s temporary early release scheme, which is designed to reduce pressure on the system, is due to be launched on Tuesday.
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