Paedophiles who trade child porn will not be sent to prison: New sentencing laws suggest community punishments



The Sentencing Council suggested 'high level community orders' for those convicted of trading or possessing child pornography

The current benchmark jail sentence for those with a small number of images is three months

Only those with pictures of children posing alone or small quantities of images of children engaged in sex acts, but not with adults are not jailed



Criminologist Dr David Green said it was 'sending the wrong message'



Paedophiles who trade in child pornography will be spared jail under new sentencing rules for courts revealed yesterday.

The Sentencing Council suggested community punishments for those convicted of trading or possessing child pornography in its guidelines on dealing with all types of sex crimes.

People caught selling or distributing internet child pornography may receive ‘high level community orders’, and the council also proposed community orders for people possessing images of non-penetrative sex between adults and children.



Spared jail: The Sentencing Council suggested community punishments for those convicted of trading or possessing child pornography in its guidelines on dealing with all types of sex crimes (stock picture)

The current benchmark jail sentence for those with a small number of images is three months. Only those with pictures of children posing alone or small quantities of images of children engaged in sex acts, but not with adults, are not jailed.

Last night, Canterbury Tory MP Julian Brazier said: ‘It is very worrying that they are not going hard on people who distribute child pornography. You need to take a tough line with the distributors or otherwise you are licensing it.’



Criminologist Dr David Green, of the Civitas think-tank, said: ‘The primary question for the courts is what action is most likely to reduce sexual exploitation of children. This is sending the wrong message.’

The council, which instructs judges and magistrates, also said that adults who had sex with 13- to 16-year-olds may receive community penalties and treatment courses instead of prison sentences.



For the first time, it separated cases of adult sex acts with under-13s from under-16s.

In cases of sex with a 13-year-old, it said that where there was no grooming or other aggravating factors, ‘high level community orders’ can be given instead of the benchmark of four years in jail.

The guidelines said such cases should involve ‘no significant disparity in age’, but admitted that there will be ‘very few instances where the disparity in age is not significant’.

Wrong message: Criminologist Dr David Green says the courts must action what is 'most likely to reduce sexual exploitation of children' while Canterbury Tory MP Julian Brazier (right) said that a 'tough line' needs to be taken with distributors 'or otherwise you are licensing it'



The council also recommended increased use of community sentences for paying for the sexual services of a child. It said that sex offence sentencing needed to be brought up to date and said its plans gave ‘more focus to the impact on victims and reflect advances in technology’.

In 2011, of the 261 people found guilty of sexual activity with a child under 13, 134 were jailed and 90 were given community sentences.

The Sentencing Council also suggested sentences for rapists and sex attackers need to be brought up to date, with advances in technology and tactics used by offenders.

Judges should take into account the psychological and long-term effects on victims, as well considering new factors such as filming or photographing a rape, when deciding on punishments.

A tougher maximum sentence of 19 years should be given for ‘one-off’ rapes, a limit currently only available for those who attack the same victim over a course of time or rape multiple victims, the guidelines said.

The changes, which are under a 14-week public consultation, are designed to make sure paedophiles, people-traffickers and rapists who operate alone or in gangs are dealt with better in courts in England and Wales.

Sentencing Council member Lord Justice Treacy said: We're improving guidance for courts to help them deal with these incredibly complex, sensitive and serious offences.

‘The perspective of victims is central to the council's considerations. We want to ensure sentences reflect everything the victim has been through and what the offender has done.’

Children’s charity the NSPCC welcomed the guidelines in putting the emphasis on the ‘forgotten victims’ of child abuse.

Jon Brown, head of the NSPCC's sexual abuse programmes, said: ‘We know that many suffer in silence for years after being sexually assaulted, and even when their ordeals come to light they cannot get the therapy required to get their lives back on track.

‘It's only right that attention should focus on their needs and that the deep psychological effects on them will be reflected in the way courts deal with offenders.