A 68-year-old man who has admitted making a death threat to a woman has been held illegally in prison for four weeks when he should have been free on bail, a judge was told.

Judge Michael Longman apologised to John Houston who had been detained in prison in spite of being granted bail last month.

The error was revealed when Houston appeared before the judge at Gloucester Crown Court on Thursday (June 8) and was brought up from the cells by custody officers rather than arriving at the court building under his own steam as expected.

Judge Longman was told by prosecutor Emily Evans that Houston had appeared before magistrates in Cheltenham on May 11 this year and pleaded guilty to making a threat to kill a woman in Newnham two days earlier.

Ms Evans explained that the district judge sitting at the magistrates’ court had granted Houston conditional bail on May 11. However, the prosecution appealed the bail decision in the Crown Court the following day.

The judge at the appeal hearing, Recorder Neil Millard, upheld the decision to grant Houston bail and ordered his release on condition he does not try to contact the woman and lives at an address in Stroud.

However, it emerged on Thursday that prison authorities had not freed Houston in accordance with the court order and he remained in custody from May 11 to June 8.

Houston was legally unrepresented at Thursday’s hearing because he had not responded to requests to contact his lawyer and complete the necessary legal aid forms and he had not been interviewed by the Probation Service for the preparation of a pre-sentence report.

Neither the lawyers nor the probation service had realised he was in custody and had not received their messages.

Houston stated from the dock that he had not received any correspondence because he had still been in prison and had not been released on bail – as he should have been.

He had therefore been unable to pick up his mail or answer his phone, he said.

Judge Longman said that for a ‘wealth of reasons’ the case should be adjourned.

It was then discovered that Houston had been brought to court without his possessions, including his wallet containing his bank cards and his mobile phone.

The court was also told that Houston had been at HMP Hewell in Redditch and would have been taken to HMP Bristol had he been remanded back into custody.

Judge Longman suggested that a travel warrant should be issued for Houston to make his own way to HMP Hewell to pick up his belongings.

Judge Longman told Houston: “We seem to have found ourselves in an unfortunate situation. You should have been released on May 12, subject to those bail conditions.

“I’m sorry to say that the court did not notify the relevant authorities, which has meant you have been kept in custody since then.

“What I want to do is apologise on behalf of the court for what was an error and it is something that you should discuss further with your lawyers.

“You have legal representation waiting in the wings, but they are not here today because they didn’t realise what had happened as they were waiting for you to give them assistance, which you were in no position to give because you were still in custody.

“Likewise the Probation Service were looking for you to prepare a pre-sentence report. You didn’t keep this appointment, not surprisingly because the arrangements did not get through to you.

“I am releasing you on conditional bail and you need to explain to your lawyers what has happened.

You also need to make yourself available for a pre-sentence report.

“Because you are without your property and the means to pay for anything, the condition of residence does not apply for 24 hours.

“I’m sorry this has happened, but as far as the court is concerned, on this occasion, you are released on conditional bail and for you to appear at the court for sentencing on June 30.”

Houston, realising he was going to be released immediately, thanked the judge for his efforts to resolve the situation.