Man held illegally in prison, Gloucester Crown Court told

GNS John Houston in his custody pictureGNS
Houston pleaded guilty to making a threat to kill a woman in Newnham on Severn

A 68-year-old man, who admitted making a death threat to a woman, has been held illegally in prison for four weeks, a judge was told.

At Gloucester Crown Court Judge Michael Longman apologised to John Houston that he had been detained in prison despite being granted bail last month.

Houston pleaded guilty to making a threat to kill a woman in Newnham on Severn at a hearing on 11 May.

The district judge had granted Houston conditional bail at the time.  

However, it emerged last week that prison authorities had not freed Houston in accordance with the court order and he remained in custody from 11 May to 8 June.

Houston was legally unrepresented at his latest court hearing, on 8 June, because he had not responded to requests to contact his lawyer and complete the necessary legal aid forms and he had not been interviewed by the Probation Service for the preparation of a pre-sentence report.

Neither the lawyers nor the probation service had realised he was in custody and had not received their messages, the court was told.

Houston stated from the dock that he had not received any correspondence because he had still been in prison and had not been released on bail - as he should have been.

He had therefore been unable to pick up his mail or answer his phone, he said.

Judge Longman said that for a 'wealth of reasons' the case should be adjourned.

Judge Longman told Houston: "I'm sorry to say that the court did not notify the relevant authorities, which has meant you have been kept in custody since then.

"What I want to do is apologise on behalf of the court for what was an error and it is something that you should discuss further with your lawyers."

He adjourned the case for sentencing on 30 June.

Houston thanked the judge for his efforts in trying to resolve the situation.

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