A teacher jailed for having more than 18,000 indecent images of children could return to his career within four months because of a legal loophole.
Edwin Wilson, 58, from Upper Basildon, Berkshire, even admitted having 1,000 images of adults and children engaged in sexual activity.
But the law does not allow courts to ban criminals who possessed child porn from working with youngsters.
A judge had to amend an earlier sentence after the anomaly was spotted.
 |
It looks like I have passed an unlawful sentence which, I think, means I have no option but to amend my sentence by removing the extension period
|
Judge Mary-Jane Mowat had passed a 21-month sentence at Reading Crown Court, comprising a nine-month jail term followed by a longer licence period, and the possibility of Wilson being sent on a treatment programme.
But Judge Mowat said during a further hearing on Friday: "It looks like I have passed an unlawful sentence which, I think, means I have no option but to amend my sentence by removing the extension period."
Alan Blake, QC, prosecuting, said: "The anomaly means that the defendant can't have a sexual offender's treatment programme and can work with children in four months' time."
The judge responded: "Yes, it seems so."
It emerged during the hearing that because the crime of possessing indecent images of children was not included on a list of sexual offences on an Act of Parliament, Judge Mowat had "no powers" to give Wilson an extended sentence.
Images for 'research'
His sentence therefore stands at nine months, subject to parole - too short a term for the court to order a ban on Wilson working with children in the future.
Wilson, who had claimed the pornographic store was for "academic" research purposes, was apparently "amazed" by the loophole revelation.
He told the judge he wanted to attended a treatment programme and the sentence period probably would not be long enough.
A Home Office spokesperson said that a court or the police could still impose a Sexual Offences Prevention Order to prevent an individual working with children or entering school premises if they thought there was a risk of sexual harm to children.
A spokesperson said: "Any local education authority hiring a teacher has a statutory duty to carry out a criminal record check with the Criminal Records Bureau (CRB).
"The disclosure from the CRB would show any convictions and/or sentences received by an applicant as well as any local police intelligence.
"This information would certainly prevent a local education authority from hiring such a candidate."
David Coulter, policy advisor for the NSPCC, said: "There is no way that this person would be able to work in education because they would be picked up by a criminal records check."