Jeremy Sirrell, Supervising Director, Palmers Solicitors
The sentencing of former BBC broadcaster, Huw Edwards, has received significant media coverage and online comment, with many people expressing discontent about the fact that Edwards escaped prison.
Criticism suggests that he received more lenient treatment than would ordinarily have been the case, with some critics specifically highlighting his fame as a cause.
Such commentary is entirely wrong if we take a closer look at the law. As expected, Huw Edwards was sentenced in accordance with current sentencing guidelines in relation to these kinds of offences.
Categorising the offence
Indecent images are divided into three different categories: A, B and C, with category A being the most serious and C being the least serious. Possessing indecent images is a very serious offence in British Criminal Law and one which is often dealt with by way of prison sentences.
The starting point for possession of a category A indecent image is one year of imprisonment. For distribution, the starting point is three years’ imprisonment. To produce such an image, the starting point is six years’ imprisonment.
The English Criminal Law treats indecent images of children very seriously.
However, there are factors that the law must consider when imposing a sentence, including:
- Any previous convictions
- Remorse
- In the case of indecent images, other surrounding factors including the number of images.
Huw Edwards had 41 indecent images, which is an extremely low number in the context of other cases in this area of the law. Due to the nature of the internet, it is extremely easy to obtain huge numbers of images, and most of those appearing before the court will have images numbered in the thousands or more.
The number of images that Edwards possessed may, therefore, have been a material factor in sentencing.
Suspended sentencing
Another matter to consider is that, although Edwards did not go to prison immediately, he has received a custodial sentence.
He received a custodial sentence of six months, suspended for two years.
Should Mr Edwards fail to comply with any requirements imposed on him for those two years, for example reporting to probation, then he will be in breach of that suspended sentence and will serve his six-month sentence in prison.
The guidelines for possession
Some commentators have suggested that the sentencing guidelines are inappropriate and given leniency, handing down sentences that are too light for this kind of offence.
However, the position here is that lengthy custodial sentences are imposed for those who are involved in the distribution or production of these images – although possession can also lead to a custodial sentence.
We can see then that, while many criticisms can be made of the law in this area, undue leniency for Edwards is not one of them.
For advice on criminal law, please contact Jeremy.