Wayne Steven Bishop a Burglar who claimed jail sentence infringed his children's human rights is freed - 27th May 2011

A burglar was freed from jail today - after judges ruled his five children would suffer as much as he would if he remained behind bars.

Wayne Steven Bishop, 33, was serving an eight-month sentence, imposed at Nottingham Crown Court in April after he admitted burglary and dangerous driving.

But he is the sole carer of his five children - aged between five and 13 - for five nights a week and claims it was not in their 'best interests' that he stay in prison.

His ex-partner looks after them the remaining two days.

His QC, Ian Wise, told Mr Justice Maddison and Mr Justice Sweeney at the Court of Appeal that the court had not properly taken into account the effect on the children.

Since his incarceration, they have been cared for by his sister during the week and his ex-partner, but the situation has been difficult for all parties.

The sister is a single parent with seven children to look after already - five of them her own - and she lives seven miles from the schools which her nieces and nephews attend. Read More

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