Pooka
01-25-07, 09:06 PM
A man who downloaded child pornography to his computer has avoided jail after the home secretary asked judges to limit prison terms due to overcrowding.
Judge John Rogers QC gave Derek Williams, 46, of Blaenau Ffestiniog, Gwynedd, a suspended sentence.
The judge at Mold Crown Court said he was "bearing in mind" the home secretary's advice to only jail dangerous and persistent offenders.
Williams was also placed under supervision.
Judges and magistrates have been asked by Home Secretary John Reid and legal chiefs to jail only the most dangerous and persistent criminals.
In the letter sent on Wednesday to judges and magistrates, Mr Reid said the prison population was "currently running very close to capacity".
It said custodial sentences should be reserved for "serious, persistent and violent offenders" and that alternatives should be used "where appropriate".
The Sentencing Guidelines Council recommends a custodial sentence should be the "starting point" for possession of child pornography.
But the council says the ages of the children, the seriousness of the images and whether the pictures are for "personal" use can mitigate the sentence.
On Thursday, Mr John Reid said the government was in talks to buy two prison ships and use an RAF camp to ease jail overcrowding.
Prison numbers are currently hovering near the 80,000 mark with just 2,000 new places due by the end of the year.
Mold Crown Court heard on Thursday that a total of 180 pornographic images - from level one to the more serious level four - were found on Williams' computer.
Prosecuting barrister John Philpotts said they were downloaded from 2001, but it was now accepted that the defendant did not buy the computer until May 2005, so the number of photographs before the court would be less.
Williams admitted 10 charges of making indecent photographs between November 2005 and May 2006. Three other charges which he denied were dropped.
His six-month prison sentence was suspended for two years.
Williams was also ordered to register with the police as a sex offender for the next seven years.
Violent offenders
Judge Rogers, the senior judge on the North Wales circuit, said the suspended sentence also took into account Williams' guilty plea and the time the case had taken to come to court.
But he warned: "Make no mistake, if there is any repetition then you will go to prison."
A Home Office spokesman said Wednesday's statement did not change sentencing policy, but simply reminded judges of the "options available".
He added: "Public protection is our priority and there is absolutely no question that serious, persistent and violent offenders should not get a custodial sentence.
"Sentencing in individual cases is a matter for courts."
Source (http://news.bbc.co.uk/1/hi/wales/6299727.stm)
Judge John Rogers QC gave Derek Williams, 46, of Blaenau Ffestiniog, Gwynedd, a suspended sentence.
The judge at Mold Crown Court said he was "bearing in mind" the home secretary's advice to only jail dangerous and persistent offenders.
Williams was also placed under supervision.
Judges and magistrates have been asked by Home Secretary John Reid and legal chiefs to jail only the most dangerous and persistent criminals.
In the letter sent on Wednesday to judges and magistrates, Mr Reid said the prison population was "currently running very close to capacity".
It said custodial sentences should be reserved for "serious, persistent and violent offenders" and that alternatives should be used "where appropriate".
The Sentencing Guidelines Council recommends a custodial sentence should be the "starting point" for possession of child pornography.
But the council says the ages of the children, the seriousness of the images and whether the pictures are for "personal" use can mitigate the sentence.
On Thursday, Mr John Reid said the government was in talks to buy two prison ships and use an RAF camp to ease jail overcrowding.
Prison numbers are currently hovering near the 80,000 mark with just 2,000 new places due by the end of the year.
Mold Crown Court heard on Thursday that a total of 180 pornographic images - from level one to the more serious level four - were found on Williams' computer.
Prosecuting barrister John Philpotts said they were downloaded from 2001, but it was now accepted that the defendant did not buy the computer until May 2005, so the number of photographs before the court would be less.
Williams admitted 10 charges of making indecent photographs between November 2005 and May 2006. Three other charges which he denied were dropped.
His six-month prison sentence was suspended for two years.
Williams was also ordered to register with the police as a sex offender for the next seven years.
Violent offenders
Judge Rogers, the senior judge on the North Wales circuit, said the suspended sentence also took into account Williams' guilty plea and the time the case had taken to come to court.
But he warned: "Make no mistake, if there is any repetition then you will go to prison."
A Home Office spokesman said Wednesday's statement did not change sentencing policy, but simply reminded judges of the "options available".
He added: "Public protection is our priority and there is absolutely no question that serious, persistent and violent offenders should not get a custodial sentence.
"Sentencing in individual cases is a matter for courts."
Source (http://news.bbc.co.uk/1/hi/wales/6299727.stm)