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 may escape a mandatory three year jail sentence after he was released to go to a bail hostel to be assessed for a community penalty.

Although anyone who is convicted of house burglary on three separate occasions is supposed to be jailed for at least three years, judges can ignore that law in exceptional circumstances.

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

The judge released the burglar to live at the Ryecroft bail hostel in Gloucester where he will be assessed to see if he can reside there on a drug treatment and testing order, even though he has failed a similar order in the past.

As well as living at the hostel, Capel will have to abide by its rules and to undergo assessment.

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

At an earlier hearing Tab MacFarlane, prosecuting, said Capel broke into a house on Box Drive, Ogbourne Maizey during the day on Friday October 15 last year, stealing a camera.

She said when police were examining the property for clues they found a trace of blood left behind by the raider.

DNA testing showed it was Capel's.

A month later she said the householder at Whitton Hill, on Whittonditch Road, Ramsbury, heard a knock at the door.

"It took him a little while to answer it and when he got there he saw a man climbing a ladder," she said.

"When the householder asked him what was going on he slid down the ladder and fled the scene."

Capel was also found in possession of numerous items stolen in daytime burglaries committed over the weekend following the second break-in.

"The property ranges from penknives to wedding rings to money to bracelets and cameras. Obviously all items of value to the owners," Miss MacFarlane said.

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

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

The court was told that he was jailed for 27 months in 2000 and three years in 2003 for house burglaries.

In between he was put on a drug testing and treatment order when he was again convicted of breaking into people's houses.

Paul Orton, defending, said that his client committed the offences when he was 'completely out of it' on heroin.

None of the raids were premeditated, he said.

And generally involved breaking windows and climbing in.

Mr Orton told the judge "This is a man who if he doesn't get help he is going to come out and offend again and again."

The case was adjourned until Friday April 29 when it is expected Capel will be sentenced.

Tamash Lal