A MAN spared a prison sentence after an assault has been told he does not have to do almost a third of his unpaid work because of a blunder by the probation service.

Michael Blunsdon, 25, was ordered to 300 hours of community service when he was put on an 18-month community order in September 2011.

But Blunsdon will not have to do the last 89 hours, the equivalent of more than 12 days' work, because the probation service was too late in asking for an extension.

During the course of the order the probation service asked him not to attend for work because he was facing other allegations, which he was cleared of.

But by the time the probation service tried to get the order extended so he could do the work it was too late.

Marcus Davey, prosecuting, told Swindon Crown Court, said: "It was to be an application for breach: not any more.

"The application is for the order to be extended, but the order is expired. I don't think your honour has the power to extend an expired order."

And Judge Euan Ambrose agreed saying: "The probation service are not applying to extend it because they don't have the power to do so. So that is it."

Blunsdon, of Broadmead, Corsham, was put on the community order after admitting assault causing actual bodily harm.

He had been in Karma nightclub in Chippenham when his victim, who was very drunk, wandered round offering to fight people.

Blunsdon called his bluff and suggested they went outside to sort it out but when he punched him a ring he was wearing caught him in the eye.

It ripped one of the eyelids from his victim, causing a four centimetre cut and leaving him with irreparable damage to the tear drainage system.