A paedophile who admitted possessing nearly 3,000 indecent images of children has avoided prison under Labour's new sentencing law changes. Callum Powell, 34, would have spent a year in prison before the law changed, but he is now walking free.
Under the Sentencing Act 2026, almost all sentences of 12 months or fewer are suspended in a bid to ease the prison overcrowding crisis. The Act has also sparked controversy as it means some prisoners are released early after serving just a third of their sentences. Ministers insist public protection is their priority.
Judge's ruling and sentence
District Judge Amanda Kelly had ruled "the circumstances of this case are so serious that only a custodial sentence can be justified". She raised the starting point from 12 to 18 months, pointing to the volume of material, the victims' young ages and the two years during which it was collected.
However, Powell's early guilty plea cut his term by a third to exactly 12 months, triggering a presumption it would be suspended. Under section one of the Sentencing Act 2026, defendants must receive a suspended sentence for prison terms of 12 months or fewer unless they are exempt.
Exemptions include offenders who are already in custody, those that offended while subject to a community or suspended sentence and people that breached a court order.
Court of Appeal ruling and reaction
A month before Powell was sentenced, the Court of Appeal ruled that the seriousness of an offence alone was unlikely to meet the threshold. District Judge Kelly found that while offences involving indecent images of children are "always truly abhorrent", Powell's offences were not legally exceptional, suspending his sentence for a year.
In her sentencing remarks, the judge said: "Sadly, it is not exceptional for a person to appear before the court having possessed images of this nature for their own sexual gratification. Nor, applying the Sentencing Guidelines, is this case exceptional in terms of culpability or harm when compared with other offenders sentenced for such offences.
"The Sentencing Guidelines, which I am required to follow, indicate that a custodial sentence of one year or less is appropriate in this case. Some may find it difficult to understand why offending of such a repugnant nature does not result in immediate imprisonment.
"However, judges do not sentence according to personal opinion, public pressure or public outrage. They sentence according to the law enacted by Parliament and the Sentencing Guidelines issued by the Sentencing Council."
She said that applying those principles faithfully to the facts of Powell's case, she was satisfied the custodial term of one year should be suspended for a period of 12 months, as recommended by a pre-sentence report.
A Ministry of Justice spokesman said: "Public protection is our priority and judges will always have the power to send offenders to prison when deemed necessary.
"Community sentences can also include tough requirements like curfews, tagging and exclusion zones – offenders who breach them can be jailed.
"The Sentencing Act is restoring order to a prison system left on the brink of collapse, while our record £700million investment in probation and community punishment is ensuring staff have the resources, powers and technology they need to manage offenders safely in the community."
Impact and conditions
A five year long Sexual Harm Prevention Order was imposed on Powell, who will be on the Sex Offenders Register for 10 years. He was also ordered to pay costs totalling £272.
