Judges under fire over guidance

The number of images involved will affect the sentence

Children's charities have voiced disappointment after judges recommended a maximum sentence of 12 months for people caught downloading child porn from the internet.

The guidelines from three appeal court judges, which were being issued to courts across the country, were greeted with concern by Children 1st.

But there has been widespread support for a ruling that the offence is not a victimless crime.

There was condemnation from child protection agencies and internet experts in May when a previous appeal court verdict ruled that downloading such images could be interpreted as a "victimless crime".

Charities said children must be protected

Speaking after Thursday's guidance was issued, John Carr, an internet consultant with children's charity NCH, said: "I am very glad to hear that they have specifically ruled out that business of victimless crime because that was a very, very bad judgement.

"That got a lot of people worried in Scotland and south of the border, because Scottish precedents are persuasive in English courts."

However, he was less satisfied with the judges' guidance on sentencing.

The Lord Justice General, Lord Rodger, sitting with Lord Abernethy and Lord Sutherland, decided that taking such images from a website for "personal gratification" should not lead to a jail term of more than nine to 12 months - except in "the most exceptional circumstances".

The judges also said that if only a limited number of pictures were downloaded, on only a few occasions, by someone with no significant criminal record that person could escape a prison sentence.

'A picture of abuse'

Mr Carr said this advice would bring Scottish courts broadly into line with those in England - but that the charity was "not very happy" with the sentencing south of the border.

"In general we are anxious that the courts have not understood properly what the damage involved in child pornography being provided on the internet is doing," he said.

"Every image is a picture of abuse and every time that picture is passed on or replicated it is simply compounding the original act of abuse."

A spokesman for the Scottish Executive said it believed that penalties for downloading child pornography "must reflect the seriousness with which society regards them".

"We intend, therefore, in the Criminal Justice Bill to increase the maximum penalty available to five years."

Another UK charity, Children 1st, said it was "very concerned" about the appeal court's judgement.

Somewhere along the line you have got to get a perspective on it which is going to be appropriate for the level of the actual crime

Ian Stephen, criminal psychologist

"Downloading child pornography is a serious offence and should be treated as such," it said.

However, the organisation welcomed the judges' view that internet child pornography could not be viewed as a victimless crime.

That move was also welcomed by leading criminal psychologist Ian Stephen, who said it was an important step.

He said that the appeal court's guidance was an attempt to strike a fair balance.

"In a way it is showing that people are taking it seriously, but not to an extreme level," he said.

'Hands-on' abuse

"Somewhere along the line you have got to get a perspective on it which is going to be appropriate for the level of the actual crime."

He said there was a distinction between those who possess such images and those who distribute them - drawing parallels to the difference between those charged with drug possession and drug supplying.

Asked about the likelihood of someone who downloads child pornography moving on to "hands-on" abuse, he also drew an analogy with substance abuse.

"It is like drugs - whether the initial level is enough for them and whether they move on," said Professor Stephen.

Ray Wyre: Punishment alone is not enough

"A lot of people get to that stage and never move on, and some people get there and do move on."

Sexual crime expert Ray Wyre said that the "vast majority" of the people who were aroused by such images did not move on to "hands on" abuse.

But he said: "Those people do not realise that they are maintaining and supporting the abuse industry."

He said that sentencing should be delayed until reports have been carried out by experts involved in the subject, who could make recommendations to the court.

"Punishment on its own is not going to deal with this problem," he said.

"For some people punishment will be enough, but for others there will be lots of other issues which mean a wider range of sentencing options should be available."

He was also pleased to see the earlier ruling on victimless crime overturned.

Mr Wyre said that after that verdict he had been worried that England would become an "exporter of paedophiles to Scotland".

"The UK as a whole has to have consistent sentencing, otherwise people will move around knowing that they are going to have lower penalties," he stressed.