'It's a joke': Judge's anger at no punishment report for offender who failed to comply with order for seven months

Probation staff asked the court to allow Timothy Hayles to continue his current community order ­– even though he turned up to just one of his 10 appointments.

But judge Peter Henry, unimpressed by the report, branded the recommendation “a joke”.

He instead sentenced Hayles to a three month curfew, during a hearing at Southampton Crown Court.

The court heard that the 44-year-old had been given the 12-month community order in August, after pleading guilty to the theft of a PlayStation 4.

But after completing his initial introduction, Hayles missed the next nine appointments.

The court heard how on one occasion Hayles texted staff to say he would not be attending his appointment as his partner had fallen off the toilet and was distressed.

Probation staff replied to offer him an appointment for the next day, but he failed to respond.

But after reporting Hayles for breaching his order, staff recommended the best course of action was for him to continue on the same order.

Judge Henry said: “I’m flabbergasted by this report.

“He has a long and healthy criminal record and knows jolly well what is what.

“If the court makes an order one expects it to be enforced and this is not being enforced.

He added: “It’s pathetic, really pathetic.”

Mitigating, Eve Shelley said Hayles was a full-time career for his partner and had previously been afforded home visits by probation staff during his last court order.

Ms Shelley said this had not happened during the current order.

She asked Judge Henry to consider following the recommendation to continue to order, or possibly extend it.

But Judge Henry instead opted to re-sentence Hayles for his original theft and gave him a three month curfew, keeping him at his home Bath Road, Bitterne, between 6pm and 6am each night.

He said: “I’m not going to send you to prison because it would impact on your partner.

“Next time you are going inside (prison).”