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| Version 1 | Version 2 |
|---|---|
| Reid attacked over child porn row | Reid attacked over child porn row |
| (10 minutes later) | |
| Home Secretary John Reid is under renewed pressure over prison overcrowding after a man who downloaded child pornography was spared jail. | Home Secretary John Reid is under renewed pressure over prison overcrowding after a man who downloaded child pornography was spared jail. |
| The judge in the case of Derek Williams, of Gwynedd, said he had to follow Mr Reid's call to avoid jailing all but the most serious offenders. | The judge in the case of Derek Williams, of Gwynedd, said he had to follow Mr Reid's call to avoid jailing all but the most serious offenders. |
| The government said the judge had been applying sentencing guidelines. | The government said the judge had been applying sentencing guidelines. |
| But the Tories said the government's failure to address the lack of prison places was "coming home to roost". | |
| Mr Williams, 46, of Blaenau Ffestiniog, told the BBC he was "lucky to be out" but added: "But you cannot blame the judge for what he has done. His hands are tied. He was only doing his job." | |
| His six-month term of imprisonment was suspended for two years. | His six-month term of imprisonment was suspended for two years. |
| Mitigating factors | Mitigating factors |
| Mold Crown Court heard Williams had downloaded dozens of pornographic images of children on to his computer. | |
| If the guidelines give them a choice of custody or non-custody, then inevitably the fact that the prisons are near capacity could have an effect Lord Falconer | If the guidelines give them a choice of custody or non-custody, then inevitably the fact that the prisons are near capacity could have an effect Lord Falconer |
| He pleaded guilty to 10 charges of making indecent photographs between November 2005 and May last year. | He pleaded guilty to 10 charges of making indecent photographs between November 2005 and May last year. |
| In sentencing Judge John Rogers QC said he had to bear in mind "the current sentencing climate". | In sentencing Judge John Rogers QC said he had to bear in mind "the current sentencing climate". |
| This week, Mr Reid and other Cabinet ministers wrote to judges and magistrates asking them to imprison only the most dangerous and persistent criminals. | This week, Mr Reid and other Cabinet ministers wrote to judges and magistrates asking them to imprison only the most dangerous and persistent criminals. |
| Prison ships | Prison ships |
| And on Thursday Mr Reid announced the latest emergency measures to deal with the prison crisis. | And on Thursday Mr Reid announced the latest emergency measures to deal with the prison crisis. |
| Jails in England and Wales are at bursting point, with about 80,000 inmates. | Jails in England and Wales are at bursting point, with about 80,000 inmates. |
| Mr Reid revealed an RAF camp in the north of England is to be used to house convicts, and he is also in negotiations over the purchase of two prison ships. | Mr Reid revealed an RAF camp in the north of England is to be used to house convicts, and he is also in negotiations over the purchase of two prison ships. |
| Construction has also started on prefabricated units to go into a prison in Merseyside. | Construction has also started on prefabricated units to go into a prison in Merseyside. |
| This is the inevitable domino effect of a government lurching about in blind panic Nick Clegg, Lib Dem home affairs spokesman | This is the inevitable domino effect of a government lurching about in blind panic Nick Clegg, Lib Dem home affairs spokesman |
| The Lord Chancellor, Lord Falconer, said the letter to judges was not intended to change sentencing principles, but to set out the current context. | The Lord Chancellor, Lord Falconer, said the letter to judges was not intended to change sentencing principles, but to set out the current context. |
| "The guidelines remain the basis on which the judges sentence. | "The guidelines remain the basis on which the judges sentence. |
| "If the guidelines give them a choice of custody or non-custody, then inevitably the fact that the prisons are near capacity could have an effect," Lord Falconer said on BBC Radio 4's Today programme. | "If the guidelines give them a choice of custody or non-custody, then inevitably the fact that the prisons are near capacity could have an effect," Lord Falconer said on BBC Radio 4's Today programme. |
| However, he said it was not possible to tell how much the statement influenced the judge sentencing Williams. | However, he said it was not possible to tell how much the statement influenced the judge sentencing Williams. |
| "He bore it in mind, but there were other factors as well. Would Mr Williams have gone to prison before the communication? I don't know." | "He bore it in mind, but there were other factors as well. Would Mr Williams have gone to prison before the communication? I don't know." |
| Lord Falconer said the judges were not being put under pressure to alleviate prison over-crowding. | Lord Falconer said the judges were not being put under pressure to alleviate prison over-crowding. |
| "It is our problem....We are not for one moment saying that it is a problem for judges to solve. We are all doing our bit in the system to help in the current circumstances." | "It is our problem....We are not for one moment saying that it is a problem for judges to solve. We are all doing our bit in the system to help in the current circumstances." |
| 'Public confidence' | 'Public confidence' |
| Shadow home secretary David Davis said of the sentencing: "We now have a situation where sentences are being dictated by the prison capacity and not the severity of the crime. | Shadow home secretary David Davis said of the sentencing: "We now have a situation where sentences are being dictated by the prison capacity and not the severity of the crime. |
| "It looks like the consequences of the government's failure to address the lack of prison places is coming home to roost." | "It looks like the consequences of the government's failure to address the lack of prison places is coming home to roost." |
| Liberal Democrat home affairs spokesman Nick Clegg said: "This is the inevitable domino effect of a government lurching about in blind panic trying to solve a prison overcrowding crisis of its own making. | Liberal Democrat home affairs spokesman Nick Clegg said: "This is the inevitable domino effect of a government lurching about in blind panic trying to solve a prison overcrowding crisis of its own making. |
| "By appearing to interfere with the discretion of the judiciary, John Reid is further undermining public confidence in a criminal justice system which is in total decay." | "By appearing to interfere with the discretion of the judiciary, John Reid is further undermining public confidence in a criminal justice system which is in total decay." |
| Children's charities were appalled by the sentence, with Dame Mary Marsh, director and chief executive of the NSPCC, saying: "It is unacceptable that people who have committed crimes against children are not jailed simply because prisons are too full if the severity of the crime requires a prison sentence." | Children's charities were appalled by the sentence, with Dame Mary Marsh, director and chief executive of the NSPCC, saying: "It is unacceptable that people who have committed crimes against children are not jailed simply because prisons are too full if the severity of the crime requires a prison sentence." |
| Norman Brennan, director of the Victims of Crime Trust, said: "The government has failed in its duty of care to protect Britain from serious and violent offenders, and in particular paedophiles." | Norman Brennan, director of the Victims of Crime Trust, said: "The government has failed in its duty of care to protect Britain from serious and violent offenders, and in particular paedophiles." |
| The judge could only sentence in accordance with the sentencing guidelines, he added. | The judge could only sentence in accordance with the sentencing guidelines, he added. |