A father-to-be has been sent home to care for his pregnant partner -- on condition he goes back to Court to receive a 13-month prison sentence.

Judge Roger Scott told 25-year-old Daniel Braithwaite: "Don't let anybody say that judges don't listen and don't care, because they do."

The unusual decision means Braithwaite can be present for the birth of his new baby, expected any day.

Judge Scott had previously adjourned Braithwaite's sentence in the hope that his partner Maria would have given birth by now, but Bradford Crown Court heard that the pregnancy will not be induced for another five days.

Braithwaite, of Raglan Terrace, Laisterdyke, Bradford, pleaded guilty in July to stealing a £7,500 Rolex watch from a pawnbrokers's in the city.

He sold the watch himself for £3,000 and used it to have "a good Christmas" with his family.

Judge Scott said the theft was a deliberate, planned crime and so serious that only a custodial sentence was appropriate.

But he stressed that he did not want to waste any more taxpayers' money on the case, so he had decided to sentence Braithwaite, even though he would be allowing him to go home.

Judge Scott indicated that it would not be necessary for prosecution or defence counsel to be present at the next hearing, but action would be taken if Braithwaite himself failed to attend.

He ordered that Braithwaite should be bound over in the sum of £100 to attend court for the jail sentence to be imposed on September 29.

"So far you have been someone I have been pleased to help, and you have also come back when you've said you would," Judge Scott told him.

Braithwaite's barrister Jayne Chaplain explained that he is currently looking after his partner's daughter because his girlfriend is mostly in bed and that he was desperate to carry on caring for his family.

During the hearing Braithwaite himself told the judge: "I understand fully that I will be going to jail. I'm just asking for a bit of leniency for another seven days."

After the hearing, Braithwaite, who missed the birth of his first daughter six years ago because he was in jail, said: "I was very surprised with what the judge did. I can't fault him for it. My lawyer has never known it to happen."