A CROWN court recorder expressed "disappointment" at being unable to give a shoplifter a community sentence - after a parole board delay meant he was still locked up.

Matthew Martindale had been released early from a 45-month jail term for robbery.

But he breached his prison licence a day later by stealing vodka worth £33 from a Droitwich supermarket and was recalled to custody, Worcester Crown Court heard.

Recorder David Williams QC had adjourned the case in August, expecting the parole board in the meantime to set 27-year-old Martindale, of Stalls Farm Road, Droitwich, free.

But at the resumed hearing, Worcester Crown Court heard that the parole board had not yet considered Martindale's case.

Because he was still in jail, a community sentence could not be passed.

Instead, Martindale was given seven months custody, suspended for 12 months, with a year's supervision by the probation service when he is released.

The recorder told him: "I am extremely disappointed. There must be a considerable delay in the parole board service."

He hoped the suspended sentence would influence the parole board to set Martindale free, because he needed help.

Martindale, who pleaded guilty to theft, threatening behaviour and possession of a knife, stole the alcohol on July 1, said Alex Warren, prosecuting.

He also stole goods from a car parked at another supermarket.

In a third incident, he went to his girlfriend's lodgings, made threats against a man she knew and waved a knife around.

Defence counsel Tariq Shakoor said: "It is unfortunate that he has been left in a state of uncertainty. If the prison licence issue had been resolved by the parole board he would be released immediately."

Martindale was jailed on October 5, 2007 for robbery. If the parole board decide not to release him, he may have to wait until a date in 2011 for his freedom, when the whole of his original robbery sentence has been served.