NICHOLAS KELLY FROM DERBY REPEATEDLY VIOLATES SEX OFFENDER RESTRICTIONS BY MOVING INTO HOUSE WITH CHILDREN

In July 2021, a disturbing case emerged involving Nicholas Kelly, a registered sex offender from Derby, who deliberately concealed critical information from his partner regarding his past convictions and his living arrangements. Kelly, residing on Walbrook Road in Derby, took a calculated risk by moving into his partner’s home without disclosing that he could not legally reside with children under the age of 16, as mandated by his sexual harm prevention order.

Kelly’s actions came to light when his partner, unaware of his criminal history, was shocked to discover that he was living in close proximity to her two children, both under 16. The situation escalated when the children’s school contacted the mother to express concerns about Kelly collecting the children without supervision, raising alarm bells about his previous offenses and current compliance with legal restrictions.

It was revealed that Kelly had lied to police about his living arrangements, denying that he was residing with minors. This was a direct violation of the terms set out in his sexual harm prevention order, which explicitly requires him to inform authorities if he moves into a residence with children or changes his address. Despite having previously acknowledged these conditions, Kelly chose to keep his circumstances secret, demonstrating a clear breach of the legal obligations imposed upon him.

At Derby Crown Court, Kelly, aged 38, faced the consequences of his actions. His new partner was visibly distressed in court, weeping as she learned the full extent of his breaches. Kelly pleaded guilty to charges of failing to comply with notification requirements on the sex offender register and two counts of breaching his sexual harm prevention order.

Judge Shaun Smith sentenced Kelly to 14 months in prison, with the first half to be served behind bars and the remaining half on licence. The judge emphasized the seriousness of Kelly’s conduct, stating, “You are not foolish, you are calculating. Having kept it from your partner, you deliberately concealed it from your supervising officer — you lied about it.”

Judge Smith acknowledged Kelly’s remorse but pointed out that the reason for his remorse was secondary to the fact that he had committed a serious breach of a lifelong order designed to protect the public. “It is a deliberate violation of a sexual harm prevention order that is in place for life,” the judge remarked. “The purpose of this order is to safeguard others and ensure that if you enter into a relationship, you do so transparently and in accordance with the rules.”

Prosecutor Sinjin Bulbring highlighted the gravity of Kelly’s repeated violations, noting that his former partner only became aware of his criminal past when the school contacted her about Kelly collecting the children unsupervised. Kelly’s history includes a conviction from 2013 for four counts of sexual activity with a child under 16, which resulted in a 32-month prison sentence and an indefinite requirement to register as a sex offender. His ongoing breaches represent a persistent failure to adhere to the restrictions imposed to prevent further harm.

Kelly’s case underscores the ongoing challenges in monitoring and enforcing compliance among sex offenders, especially those who attempt to conceal their circumstances and violate legal orders designed to protect vulnerable individuals, particularly children in Derby and beyond.