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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 failure to address the lack of prison places was "coming home to roost". 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, said 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." 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 factorsMitigating factors
Mold Crown Court heard that Williams, 46, had downloaded dozens of pornographic images of children on to his computer. 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 FalconerIf 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 shipsPrison 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 spokesmanThis 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.