House burglar Lee Capel has been freed on bail by a Crown Court judge even though he has fallen foul of the three strikes rule for a second time.

The 29-year-old heroin addict of Rabley Wood View, Marlborough, may escape a mandatory three years jail after he was released to a bail hostel for assessment to see if he can reside there on a drug treatment and testing order

Recorder Ian Lawrie has ruled Capel, who appeared before Swindon Crown Court for his fourth set of break-ins since the change in the law, may not need to be jailed.

Capel was jailed for three years in 2003 for his third separate conviction for house burglary since the end of November 1999.

At an earlier hearing Tab MacFarlane, prosecuting, said he broke into a house in Ogbourne Maizey, attempted a robbery a month later in Ramsbury and was also found in possession of numerous items stolen in daytime burglaries committed soon after the second break-in.

She said that Capel also admitted a further three burglaries which were committed across Swindon which netted property worth about £2,500.

Capel admitted two counts of burglary, three of handling stolen goods and asked for three burglaries to be taken into consideration.

Paul Orton, defending, said that his client committed the offences when he was 'completely out of it' on heroin. Mr Orton told the judge "This is a man who if he doesn't get help is going to come out and offend again and again."

The case was adjourned to April 29.