The child sex offenders walking out of Staffordshire police stations with a caution

Some sex offenders who’ve abused children have been allowed to walk free from police stations after admitting their crimes. By accepting cautions, perpetrators have been able to completely avoid going to court – even where the crimes they have committed include sexual assault on children under 13. And while sex offenders who accept cautions are bound by them for two years and are subject to some of the same conditions as those who are put on the sex offenders register by a court, critics said it was concerning that any such offence should be dealt with behind closed doors out of public view.

Staffordshire Police[1] says it uses cautions “as an alternative outcome to the formal justice system” so the force can “deal proportionately with mainly – but not exclusively – low level, often first-time, offending.” READ: Bizarre 15-minute Stoke-on-Trent thefts saw car dumped in favour of push bike | Officers have released CCTV of two men they want to speak to[2] READ: City’s coldest homes to save GBP500 on fuel bills under Labour, says Starmer | Sir Keir said the party was ‘unrecognisable’ and was ‘making progress’ in the Potteries[3]

But data provided to StokeonTrentLive under the Freedom of Information Act shows that between 2020 and 2023, 64 cautions were issued to sex offenders who’d failed to comply with conditions of orders they were subject to, or who’d given false information to the police. Five cautions were issued to offenders who’d breached the terms of sexual risk orders. In response to a Freedom Of Information request by StokeonTrentLive, the force confirmed that cautions were issued to sex offenders in cases of:

• Sexual assault on a female child under 13 (two cautions issued)

• Sexual assault on a male 13 or over (one caution issued)

• Attempt to engage in sexual communication with a child (three cautions issued)

• Taking, making, distributing indecent photographs or pseudo-photographs of children (five cautions issued)

The average sentence for sexual assault on a female child under 13 in 2020 was three years and eight months, according to the Ministry of Justice.

According to sentencing guidelines, the least serious of such an offence would have a sentencing range from a year in prison to a “high level community order”, with a starting point of six months’ jail. The most serious offenders could receive a nine-year sentence. Staffordshire Police says the decision to end proceedings at the caution stage is taken by officers after they’ve consulted with child protection teams and CID.

“In all cases where cautions are used, appropriate documentation is completed and updated on police systems so we have a record, and in case of further offending,” the force says. A spokesman added: “They often cannot be given unless the offender fully admits the offence and there are also other eligibility requirements which must be met before they can be used. “Examples include where offences are victimless and/or the offender has evident vulnerabilities, officers may use conditional cautions for certain crime types.

They can also be used when dealing with juveniles, first time offenders and those with significant safeguarding concerns. ” We take all reports of crime seriously and will always investigate reasonable lines of enquiry. “Rape, serious sexual offences and violence will never be tolerated and we will relentlessly pursue those responsible, support survivors and work proactively to stop offending.”

After a 16-year peak in 2018, the number of sex offenders in jail in England and Wales began to fall, until last year, when it began to rise again. Around 18% of the prison population – around 12,500 prisoners – are sex offenders, Ministry of Justice data shows. . But an investigation by the Observer newspaper in 2021 found that in the seven years to 2020, just under 40% of sex offenders did not receive an immediate custodial sentence.

The Crown Prosecution Service says it will “never hesitate to take a case to court if there is a realistic prospect of conviction and it is in the public interest to do so”. A spokesman added: “Our decisions on conditional cautions are assessed on a case-by-case basis but are always appropriate and proportionate to the circumstances and seriousness of each case. “We weigh the interests of victims, the community and consider the offender.

If the conditions are not met or the offer is declined a prosecution may still proceed.”

Stoke-on-Trent North MP Jonathan Gullis speaking in the Commons

Stoke-on-Trent North Conservative MP Jonathan Gullis said he believed handing out cautions for sex crimes fell below what the public would expect. He said: “It is shocking that people committing serious sexual offences are walking out of police stations with what you could barely call a slap on the wrist. “The public rightly expects our criminal justice system to keep sex offenders locked up and off our streets.

Some of these crimes, if admitted in a courtroom, might see an offender jailed. It is not right that if they admit them to a policeman they can walk free down the street with nobody knowing the threat they might pose to society.”

Sammy Woodhouse

Sammy Woodhouse, a survivor of the Rotherham child sex abuse scandal who now campaigns for victims’ rights, said she was concerned that offenders who were breaching orders were being punished for those breaches with cautions, adding that “it definitely does not send the right message”. She added: “It is no deterrent when there are no real consequences to what these people are doing.

Our system needs to be handing out heavier sentences for these sorts of crimes (in the first place).” The crimes most commonly punished by caution by Staffordshire Police, 2020 – 2023

Offence (as recorded by Staffordshire Police)2020202120222023TotalAssault occasioning actual bodily harm – Offences against the Person Act 1861 Sec 473512417891428Common assault and battery – Criminal Justice Act 1988 Sec 39831039666348Having possession of a controlled drug – cannabis – Misuse of Drugs Act 1971 Sec 5(2)59543511159Theft from shops and stalls – Theft Act 1968 Sec 129393824130Sending letters etc with intent to cause distress or anxiety – Malicious Communications Act 1988 Sec 115443320112Having possession of a controlled drug – Cocaine – Misuse of Drugs Act 1971 Sec 5(2)32292912102Production of a cannabis plant – Misuse of Drugs Act 1971 Sec 4 (2)4626237102Assault or assault by beating on a constable – Criminal Justice Act 1988 Sec 39 as added by Assaults on Emergency Workers (Offences) Act 2018 Sec 1931302999Other criminal damage to a vehicle up to ?5000 – Explosive Substance Act 1883 Sec 2,3 Criminal Damage Act 1971 Sec 1(1)231152472Other criminal damage to a dwelling up to ?500 – Explosive Substance Act 1883 Sec 2,3 Criminal Damage Act 1971 Sec 1(1)326211666Failure to comply with notification requirements or supply false information in purported compliance with interim notification – Sexual Offences Act 2003 Sec 91(1a)(2)92721764

Over 3,200 cautions were issued by Staffordshire Police in the last three years. The number was highest in 2022, when 1002 were issued.

This year to date, the figure is just over half that, at 538. In 2020 and 2021 there were 713 and 986 respectively. Staffordshire Police Commissioner Ben Adams said conditional cautions were used “with the aim of reducing offending or reoffending”, adding: “In turn, this means fewer crimes.

This is what I and the public would rightly expect.” He added: “The appropriate use of cautions can also mean individuals getting treatment quickly – often far more quickly than fines or other sanctions, which may take months or even years to progress.” But he added that a review of the use of “out-of-court disposals” by Staffordshire Police is currently underway, particularly in relation to drug crimes and domestic abuse.

Ben Adams was appointed Staffordshire Commissioner for Police, Fire & Rescue and Crime in May 2021 (Image: Kerry Ashdown)

The Lucy Faithfull Foundation works with sex offenders to cut their risk of re-offending.

Adrian McNulty, its director of operations, said: “For people who have been convicted of a sexual offence and present a serious risk of sexual harm we deliver Circles of Support and Accountability in the West Midlands region. “This aims to rehabilitate people who have committed sexual offences and help them to not offend again.”The ‘Circle’ provides practical skills and support, including social skills, finding work or looking for suitable accommodation to help the person reintegrate into society. Circles support statutory agencies and help to hold the individual accountable to reduce the risk of further offending.”Currently, we are recruiting volunteers in the West Midlands region, including in Staffordshire, who want to make a lasting difference by joining a Circle to help prevent child sexual abuse in the local community.”

• If you’ve been a victim of sexual assault, you can talk to specially trained police staff in confidence by calling 101, messaging Staffordshire Police on Live Chat or calling Crimestoppers anonymously on 0800 555 111.

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References

1. ^ Staffordshire Police (www.stokesentinel.co.uk)
2. ^ Bizarre 15-minute Stoke-on-Trent thefts saw car dumped in favour of push bike | Officers have released CCTV of two men they want to speak to (www.stokesentinel.co.uk)
3. ^ City’s coldest homes to save GBP500 on fuel bills under Labour, says Starmer | Sir Keir said the party was ‘unrecognisable’ and was ‘making progress’ in the Potteries (www.stokesentinel.co.uk)
4. ^ Want more court and crime news?

   Sign up to our court and crime newsletter here (data.reachplc.com)