Description
A retired court prosecutor who made arrangements to commit "utterly repellent" sexual offences against a young child has been jailed for 12 years after he was trapped in an online police "sting".
Clive Jones, 74, prosecuted cases at Hull and Bridlington magistrates' courts for the Crown Prosecution Service for many years. He became a district crown prosecutor and also oversaw the prosecution of more serious cases at crown courts.
He was arrested, after his retirement, when he replied to an online advertisement in which police pretended to be a woman called Karen, who supposedly had a seven-year-old child. He set off in his car to meet the non-existent woman and her child and he intended to have sexual activity.
He had condoms, ropes and Viagra in his car boot. The decoy woman had been created by the police in a bid to catch sexual predators – and Jones fell straight into the trap. He exchanged messages, apparently not suspecting that the woman and her child did not even exist, a court heard.
Jones, of Bempton, near Flamborough, denied seven offences of arranging to commit sexual offences against a child between January 31 and February 21 last year, but he was convicted by a jury at Durham Crown Court on December 18 after a six-day trial.
The case had been moved from Hull Crown Court out of the area because of his previous links to the justice system. Jones had been remanded in custody after being convicted of the offences and he appeared from HMP Durham via a video link for a sentencing hearing, also at Durham Crown Court.
'Intended to rape child'
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Judge James Adkin said that the sexual offences that Jones intended to commit by making the arrangements included raping a child, assault of a child by penetration, sexual assault, causing or inciting a child to engage in sexual activity and engaging in sexual activity in the presence of a child.
The judge said that, because the jury found Jones guilty of all seven offences, it must have concluded that he intended to commit all of those arranged sexual offences at some stage, although this was "extremely speculative" because they never actually happened. "The evidence against you in the trial was abundant and compelling," said Judge Adkin.
The offences that Jones wanted to commit on a child were "utterly repellent", the judge added. He drove to meet what he thought was Karen and her child.
"It was, of course, a sting and you were arrested," said Judge Adkin. A pre-sentence report on Jones had said that he posed a significant risk to the public of sexual harm. "The circumstances of these offences are intensely concerning," said Judge Adkin.
Tom Storey, prosecuting, said: "No harm was actually caused. There was no child victim in existence. But for that, the defendant would have carried out the intended sexual activity."
Mr Storey, who is included on a recently published list of new KCs, said that Jones had no previous convictions, cautions, warnings or reprimands. He asked that a deprivation order be made for the items that were found in the car boot when Jones was arrested.
'May not live to see his release'
Helen Chapman, mitigating, said that Jones suffered from ill-health and a letter with updated details of his medical condition had been brought to court by his wife.
No real contact offence took place involving a child because the child involved did not actually exist, although messages suggested that this activity would have taken place. Miss Chapman opposed the making of a sexual harm prevention order. "I don't really see what useful purpose it could serve in circumstances where he may or may not live to see his release," she said.
If Jones did live long enough to leave prison, he would, in any event, be subject to strict licence and notification requirements. He was in poor physical health and he was at that time of life when the health conditions had "all come at once". Some of them were interlinked.
"He essentially lives in daily pain," said Miss Chapman. Managing that pain in a prison setting would be extremely difficult.
"Those who go into prison in poor health do not improve," said Miss Chapman. "All the evidence is that they deteriorate. Living day to day will be more difficult for him than for someone who enjoys good health. It will be harder for him than for anybody in a different position."
Throughout the court hearing, Jones could be heard repeatedly coughing and sighing. He sometimes put his head in his hands.
"He is fortunate to receive the support of his wife, who is present today and has been a pillar of support to him." The effect of a prison sentence would "reverberate" on to her. "She is somebody who will feel his loss very keenly," said Miss Chapman.
'Fought and lost'
Judge Adkin said that he had decided that Jones should not be treated as a "dangerous" offender. The length of the prison sentence and the release provisions meant that he would be "very elderly" when he was released.
Jones suffered from a heart condition and diabetes and the complications arising from it. "I accept that the sentence will be more difficult for you to endure," said Judge Adkin.
Because there was no real child, Jones was entitled to a "modest discount" in his sentence to reflect this. He could, however, be given no credit for guilty pleas because he had a trial. "You fought the case and lost," said Judge Adkin.
Jones was given a 20-year sexual harm prevention order and he must register as a sex offender for life. A deprivation order was made for the items found in the car boot.
Jones was a regular prosecutor for many years at magistrates' courts, including Hull and Bridlington, and he was well known at the former, now closed, courts in East Yorkshire, including Driffield, Withernsea and Brough. As a lawyer, he regularly prosecuted people who had committed similar sexual offences as those that were committed by him after his retirement.
He became a district crown prosecutor for the Crown Prosecution Service and, in that job, he was a manager. He had worked as head of the crown court trials unit for Humberside.