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| Full jails change child porn term | Full jails change child porn term |
| (30 minutes later) | |
| 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, a suspended sentence, saying he had to consider "the current sentencing climate". | Judge John Rogers QC gave Derek Williams, 46, a suspended sentence, saying he had to consider "the current sentencing climate". |
| The judge told Mold Crown Court: "As of yesterday, I have to bear in mind a communication from the home secretary." | The judge told Mold Crown Court: "As of yesterday, I have to bear in mind a communication from the home secretary." |
| Williams, of Blaenau Ffestiniog, was also placed under supervision. | Williams, of Blaenau Ffestiniog, 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. | 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". | In the letter sent on Wednesday to judges and magistrates, Mr Reid said the prison population was "currently running very close to capacity". |
| The judge considered the home secretary's request | |
| It said custodial sentences should be reserved for "serious, persistent and violent offenders" and that alternatives should be used "where appropriate". | 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. | 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. | 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." | |
| Make no mistake, if there is any repetition then you will go to prison Judge John Rogers QC | Make no mistake, if there is any repetition then you will go to prison Judge John Rogers QC |
| A total of 180 pornographic images - from level one to the more serious level four - were found on Williams' computer, the court was told. | A total of 180 pornographic images - from level one to the more serious level four - were found on Williams' computer, the court was told. |
| 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. | 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. | 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 is suspended for two years. | His six-month prison sentence is suspended for two years. |
| Williams was also ordered to register with the police as a sex offender for the next seven years. | Williams was also ordered to register with the police as a sex offender for the next seven years. |
| 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. | 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." | But he warned: "Make no mistake, if there is any repetition then you will go to prison." |