PORTSMOUTH PAEDOPHILE ANDREW WYER COULD BE FREED DUE TO LEGAL LOOPHOLE

In a concerning development, one of Britain’s most notorious and dangerous paedophiles, Andrew Wyer from Portsmouth, faces the possibility of being released back into the community within a matter of weeks due to a significant legal loophole, a judge has publicly warned.

Wyer, aged 33, has been detained at the renowned Broadmoor psychiatric hospital since January of the previous year. His detention followed his own admission to authorities that he had violated a court order that explicitly prohibited him from contacting any children under the age of 14. He also confessed that he was overwhelmed by the temptation to reoffend, raising serious concerns about his mental state and the potential threat he poses.

Medical professionals at Broadmoor have diagnosed Wyer with psychopathic symptoms. Despite this, they believe his condition is untreatable, which complicates his detention under current mental health laws. Under existing legislation, only individuals deemed treatable can be held indefinitely in psychiatric facilities. This legal framework leaves the Prison Service as the alternative, but because Wyer has already served a substantial portion of his sentence, the courts are limited in their options.

During a hearing at Portsmouth Crown Court, Wyer was remanded into custody until March 30, when he is scheduled to be sentenced for breaching the court order. By that date, he will have spent approximately 14 months behind bars, a period roughly equivalent to a three-year sentence, considering the typical length of such sentences. The maximum penalty for violating the order is five years in prison. This situation raises the possibility that Wyer could be released upon sentencing, given the constraints of the law.

Judge David Selwood expressed his frustration with the legal limitations, stating, “I am conscious that he has spent the equivalent of a three-year sentence in custody. His breach of the sex offender order is not what might be called a serious breach. However, this defendant presents a potentially grave threat to children — he himself says that he believes that to be the case. He is a man who suffers from a mental disorder but a mental disorder that is untreatable.”

The judge further explained that he has tasked the probation service, social services, and the Home Office’s dangerous offenders’ unit with presenting sentencing options within six weeks. He clarified that because of Wyer’s “untreatable” condition, the Mental Health Act, which allows for indefinite detention of psychopaths, does not apply in this case. “This case highlights the profound difficulties faced by courts in finding effective solutions for defendants like this,” Judge Selwood remarked. “I am disappointed with the lack of options available to me this morning. As far as I can see, nothing is in place to protect the public and nothing is in place to assist the defendant.”

Wyer, a resident of Southsea, Hampshire, has a troubling criminal history. His convictions include indecent assault on a two-and-a-half-month-old baby and a three-year-old boy. Court records reveal that shortly after the court imposed restrictions on him, Wyer began actively seeking potential victims. He gained the trust of a father with three children aged ten, 12, and 14, and during school holidays, he became a more frequent visitor to their home. Over time, he spent increasing amounts of time at the residence when the children were present. However, on July 27, 1999, Wyer’s urges overwhelmed him once again, leading him to warn authorities of his temptation to reoffend.

Six months later, he was detained for breaching the court order, which allowed mental health experts at Broadmoor to assess his condition. The psychiatrists concur that Wyer is either a psychopath or suffers from a mental disorder coupled with a personality disorder, both considered untreatable. If Wyer is released into the community, law enforcement agencies will face the ongoing challenge of monitoring him closely. A police insider expressed concern, stating, “He is a very dangerous offender to be released back into the community. There is no doubt he would be of continued interest to us and close tabs would be kept on him.”

Legal measures against sex offenders were introduced under the Crime and Disorder Act 1998, granting judges the authority to impose restrictions on potentially dangerous individuals. In Wyer’s case, he was prohibited from speaking to any child under 14 and from approaching within 100 yards of any school or children’s home. The Home Office has announced plans to close this loophole through amendments to the Mental Health Act. Proposed reforms, published last December, aim to enable the indefinite detention of individuals who pose a risk to others due to mental disorders, regardless of whether their condition is treatable or not.