JUDGE REGRETS PAEDOPHILE KEITH ELLIOT WALKING FREE IN BLACKPOOL

In June 2006, a Preston Crown Court judge expressed his regret after Keith Elliot, a 49-year-old property developer from Ashburton Road, North Shore, was handed a community order rather than imprisonment for offences involving a teenage boy from Blackpool, Lancashire.

Elliot had groomed the 15-year-old via internet chat rooms, falsely claiming to be 29 years old. The court was told that he engaged in sexual activity with the boy in his bedroom while his parents were away. Subsequently, Elliot took explicit photographs of the boy in his school uniform, downloaded these images onto his computer, and emailed one to a friend.

The police, acting on a tip-off, raided Elliot's home in August and confiscated his computer, discovering 32 indecent images, including some depicting Elliot with a young-looking boy. The boy, who had met Elliot online, confirmed he had met him in person and had engaged in sexual acts during the encounter.

Judge Michael Byrne remarked that the offences surpassed the threshold for custody. However, due to current legislation, Elliot was sentenced to a three-year community order after admitting to eight counts of possessing and distributing indecent images.

Judge Byrne stated, “I think these offences do pass the custody threshold but, having regard to all the factors for which you are due credit, we are faced with a not unfamiliar sentencing problem. The maximum sentence I can pass is one of 12 months but, according to the current legislation, you would only serve half of that at most. The reality, I regret to say, is that you would then be ineligible for any of the help mechanisms available in prison and would come out presenting exactly the same risk, if not more, to the public.”

Following the sentencing, MPs voiced concerns. Ben Wallace, MP for Lancaster and Wyre, said, “We simply do not punish people enough in this country. A paedophile should be given a long sentence and that should include punishment and rehabilitation. The judge's hands are tied by criminal law that protects the criminal and not the victim.” Michael Jack, MP for Fylde, added, “Recent cases of child paedophilia have left the public wondering whether the law is tough enough to deal with these dreadful crimes. I hope the Government will take on board the growing public disquiet and order a thorough review.” Gordon Marsden, MP for Blackpool South, stated, “The problem we have is that people do not serve their full sentences. It is not a question of new legislation but enforcing the existing law.”

Elliot’s case also involved the dissemination of indecent images, which led to him being given additional restrictions. As part of his sentence, he will report to the court every three months and face immediate imprisonment if he breaches the order. He is also indefinitely banned from working with children, required to sign the Sex Offenders' Register, and subject to a Sexual Offences Prevention Order banning him from owning a computer.

Judge Byrne expressed concern that Elliot, who appeared in court “ashamed and embarrassed,” wanted an opportunity to amend his ways. His defense advocate, Richard Haworth, emphasized this by stating Elliot “wants a chance to put things right.” The court emphasized that the community sentence was intended for offenders who are unlikely to pose a significant threat and show remorse, aiming to facilitate rehabilitation rather than impose immediate custody.