JUDGE IN HARTLEPOOL SPARES DAVID BERRY FROM JAIL DUE TO POLICE DELAY

In September 2009, a controversial decision by a judge in Hartlepool has sparked widespread criticism. Judge Michael Taylor chose to release David Berry, a convicted paedophile, from jail after a police officer was late in presenting evidence during his sentencing. Berry, 61, who had previously served time in 1988 for indecent assault against a child, was facing charges related to a large collection of child pornography. He admitted to 16 counts of making indecent images of children and possessing more than 500 such images.

The case arose following a police raid on his Hartlepool home in July 2007, where officers found the images and short videos stored across six different devices. Despite the serious nature of these offences, Judge Taylor explained he felt it was inappropriate to proceed without proper evidence. He stated, 'In the circumstances, I am not going to do what I should do and send you to prison.'

Initially scheduled for sentencing last month, the hearing was adjourned when an officer failed to appear and show the evidence. On Wednesday, the judge allowed Berry to go free after an officer arrived late to present the evidence. Judge Taylor commented, 'This man fully deserves to go to prison for what has happened, but this has been left hanging over his head through no fault of his own. The police, for some reason I cannot fathom, have taken two years to bring this matter to court… it is totally unacceptable.'

Consequently, Berry was sentenced to a three-year community order and ordered to participate in a sexual offenders' treatment program. The decision drew criticism from the National Victims' Association (NVA), which argued, 'The bottom line is that the public have come off worst.' An NVA spokesperson added, 'It sounds as though the police could have been more diligent, but it also sounds as if the judge should have taken into account the potential devastating consequences of releasing this man. If the police had put together a case with examples of indecent images, that strongly suggests that he is still disposed to seeing children as sexual objects and such a person should not be free to roam among decent, law-abiding citizens.'

The police force expressed their disappointment with the outcome, stating, 'We are extremely disappointed. The officer tasked with producing the images in evidence was at the court at the time he believed he had been requested to attend. There will be a full investigation into the circumstances that led to Judge Taylor's comments. If there are any lessons to be learned, we will ensure this happens.'