THE fact that a man had to spend 25 days in jail while waiting to appear in court has been described as "unacceptable".

Defending Peter McDonough at Worcester Magistrates Court, Brian O'Connell said it was "quite frankly unacceptable" that the court was considering adjourning the case, when his client had already spent 25 days in custody.

McDonough, aged 23, of no fixed address, was due in court to be sentenced for stealing a DVD boxed-set, worth £39, from Woolworths in Worcester.

However, due to staff sickness, he was unable to attend an appointment with the probation service which would have helped them compile a report.

Mr O'Connell said: "He is between a rock and a hard place. To adjourn this because probation cannot see him for another three weeks is unfair on him. He needs to be sentenced today."

The bench told McDonough they had listened carefully to Mr O'Connell and it was unfortunate probation had been unable to see him.

They sentenced him to 48 days in custody, which had in effect already been served while on remand as he would have been paroled before the full 48 days and told him he was free to go.