A convicted thief who has to wear an electronic tag is to be allowed out of his home for an hour a night to collect a free supper from the local chip shop.

Martin MacLean, 35, from Lerwick, Shetland was tagged for three months and placed on probation for 18 months at Lerwick Sheriff Court in May after pleading guilty to stealing from a suitcase, passport and mobile phone from the town’s Grand Hotel.

MacLean landed back in court on Wednesday after breaching the order several times because he headed out every night for a late night feed.

Defence agent Tommy Allan said his client admitted breaching the order, saying: “He’s been in the habit of going to the fish shop before it closes because they give you free food then.”

Mr Allan said that Mr MacLean had been told that every time he leaves his flat the security company is alerted and apart from his late night trips for food he was complying with the order.

Sheriff Graeme Napier decided to allow Maclean to keep having his free meals by revoking his existing order and imposing a new one that gives him a half hour break between 10.45pm and 11.15pm every night.

When asked what he would do at weekends when the fish and chip shop does not close until the early hours of the morning, MacLean said he would be asleep by then so would not be looking for food.