Callum Bates 24

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ANDOVER paedophile Callum Lee Bates has avoided a prison sentence after admitting to breaching his sexual harm prevention order (SHPO) to speak to a 13-year-old boy on the dating app Grindr.

The 21-year-old, from Andover, was sentenced to a three-year community order at Winchester Crown Court on Thursday (February 4).

The court heard how Bates is a unique case due to his complex learning difficulties and naivety.

Wesley Potterton, prosecuting, told the court how Bates, having been sentenced to a five-year SHPO in April 2018, was prohibited from unsupervised contact with any male child under the age of 16.

However, in February of last year, police had concerns about the contact Callum Bates had been having on Grindr, after it was raised by probation officers and other agencies.

Officers seized his phone and computer and found messages on the Grindr app which indicates he had contact with a child who indicated that he was 13, Mr Potterton told the court.

He added: They started off with some sexual messages, but on the basis at that point that Mr Bates was under the impression that he was 18. But it becomes clear that he becomes aware he is under the age of consent.

There are no sexual messages from the point it is clear that Mr Bates knows that the child is under 18 years of age, but contact does continue when clearly it is prevented by the sexual harm prevention order.

Speaking on the seriousness of the offence, Mr Potterton said: Crown accepts it cant be identified if the child exists or in fact, is under 16 or not, but would point out what he has done is carried on messaging the child and clearly should have stopped as soon as he became aware he was 13.

Those are not just innocent messages about friendship. There have been previous sexually charged messages between them.

In mitigation, Lucy Conroy, defending, called it a unique case and urged the judge to consider a community order and mental health programme requirement.

She said: It is a unique case in this particular area of the law, in the type of defendant Mr Bates is. We see very regularly individuals who are out to prey on the young of society. That is not this defendant.

Ms Conroy told the court that Bates has a low IQ and is functioning in only the third percentile of cognitive ability at 21 years of age.

That in and of itself is cause for concern, she said.

This is a case that is crying out for somebody to tackle the route cause of Mr Bates behaviour, which seems to be his cognitive difficulties.

When the order was first put in place he had just come out as gay, was struggling with that, and turned to Grindr which reports to be an app for those over 18.

There is a naivety, in my submission, to his behaviour online that needs to be addressed.

The doctor who carried out a psychiatric assessment of Bates - who has been diagnosed with autism - recommended an 18-month mental health programme.

It is clearly work, in my submission, that cant be done in a custodial setting, but it is vital, both to the community at large and Mr Bates, that it is done, said Ms Conroy.

She urged the judge to allow professionals to strike while the iron is hot, as Bates has already begun weekly therapy sessions aimed at working on interests off the computer and developing tangible friendships in the real world which he does not currently have.

Ms Conroy stressed the important role of Bates mother, Mrs Grant, in his life, and of carers who attend his house three times a week to help him control his diabetes.

She said: That gives a flavour of how little Mr Bates can be responsible for his own care.

Addressing Bates, Judge Angela Morris said: You are now 21-years-old Mr Bates and I must consider that usually doing what you did would mean that you would go to prison today.

She added: But I also have to look at the reports. It is clear that you have a complex series of learning difficulties and that is a very strong factor in your case. I have come to the conclusion that imposing an immediate custodial sentence on you today would not in any real sense address your offending behaviour and protect other people in the future, particularly young people, and protect you from yourself.

Judge Morris sentenced Bates to a three-year community order, with a mental health treatment requirement, also for three years.

Bates must also take part in 60 days of rehabilitation activities, including the adapted sex offender treatment programme.

He will remain subject to his existing sexual harm prevention order until 2023.

I am satisfied that there is a doctor who will oversee your treatment, so there are many people that are going to look after you, said Judge Morris.

If you do not attend, it will put you in breach of this order and you will come back before me and if that happens, Mr Bates, you will go to prison.

You must help yourself in order for others to help you too.