A thief ordered to do 120 hours unpaid work for stealing from a building site must prove he is too unfit to complete his punishment or go to prison.

Christopher Bourke, 50, of Gammons Lane, Watford, has provided a number of doctor's notes after failing to carry out the probation order.

At St Albans Crown Court today Herts probation service asked the judge to revoke the order and sentence Bourke in another way.

Due to his health problems, which were not disclosed in open court, Bourke has completed 88 hours of unpaid work originally ordered. He also had ten hours added for previous breaches, which he could not excuse with poor health.

Judge Stephen Warner adjourned the matter to get to the bottom of Bourke's health difficulties after a letter from his GP was of little help.

Judge Warner said: “My inclination is to ask for a full medical report to see whether he can do the remaining hours.

“If he is fit enough to do it he will do it or go to prison, and needs to be aware of that.”

Bourke replied from the dock: “I have no problem with that your honour. If I am well enough to do it I will do it.”

Sentence was adjourned until December 9 for the defence to provide a medical report from Bourke's GP.