The law's an ass

But a judge has expressed outrage after he sent Terry Delaney, of Acomb, York, to prison for four years, but was prevented from putting the 52-year-old on the Sex Offenders' Register by the LAW - as child-snatching is not classed as a sexual offence.

Delaney was convicted of attempted child abduction after he tried to snatch the girl from a bus stop.

At York Crown Court, Judge Paul Hoffman said: "It makes no sense to me." Today York MP Hugh Bayley said he would ask the Home Office to change the law.

ATTEMPTED child abductor Terry Delaney was jailed for four years after he tried to kidnap a girl at a bus stop - but the law prevents him being

registered as a sex offender.

The 'swollen-faced' 52-year-old, who struck up a conversation with the

13-year-old before trying to pull her away, cannot be prevented from meeting other children when he is released.

Judge Paul Hoffman, sentencing the Nestl worker at York Crown Court yesterday, said: "I draw the conclusion that you represent a serious risk to children in the future.

"Had I been able to, I would have sentenced you under the danger offender provision, but counsel have told me these provisions do not apply.

"Nor can I make any order restraining or prohibiting your conduct under any other provisions that exist."

Delaney, of Bouthwaite Drive, Acomb, York, was convicted of attempted child abduction by a jury at the court last month and probation reports were prepared about him.

But his barrister, David Dixon, told the court Delaney still denied the offence, and could not say what he intended to do with the girl.

He said: "There are the possibilities contained in the probation report of either sexual or violent motive but this defendant is 52, with no previous

convictions and that must have some considerable weight.

"There are no requirements to register as this offence is not covered by the legislation.

"There is the conventional sentence power, and that is it."

Judge Hoffman said: "It makes no sense to me. It is obviously an anomaly.

"For all the legislation, all the attempts of the Government to cover situations like this, where a judge previously regarded a defendant as a danger for the future, to be enforced by conventional sentencing, is quite an extraordinary situation."

The jury heard Delaney had drunk four or five pints before meeting the girl at an Acomb bus stop, at about 5pm, on October 30.

He told her his name was Tony, and asked her name, before grabbing her wrist and trying to pull her away, saying: "Come on."

The teenager gave a false name and shook herself free.

She told a police officer: "I didn't know what was going to happen next and I just ran."

She gave a description of Delaney as having a "swollen-face", which matched footage of the defendant on CCTV.

Judge Hoffman told him: "You are still in denial, and you have shown no remorse.

"The probation officer who is very experienced infers that your motives must have been violent or sexual."

After the court case, the girl's mum said: "We're pleased with the sentence and at least he will be put away for several years.

"But it is a shame the judge was prevented from putting him on the sexual offenders register, because it means in future he could be out roaming parks or standing outside a school.

"My daughter will be glad that he is in prison, so now she can get on with her schoolwork without fearing of bumping into Delaney again.

"In the future, all parents will have to be vigilant because there is nothing preventing him being part of the community again.

"I'm glad he will be supervised for two years when he is released, but I wish there was more that could be done to protect children.

"The law needs to be tightened up in cases like this."

Support groups call for change

SHY Keenan, chief advocate with Phoenix Survivor, a web based support group set up for and by the victims of child sexual abuse, said she was "14,000 times behind" York MP Hugh Bayley's bid to change the law.

She pledged to contact Home Secretary Charles Clarke personally today to press for the loophole to be changed - "if it exists."

She said: "I have his direct line, and will be on to him straight away. I don't want to hang around until another girl is abducted, and ends up being raped."

She and Sara Payne, mother of Sarah Payne, abducted and killed by Roy Whiting, are the chief advocates for Phoenix Survivor.

Today, York child abuse victim Sharon Tate spoke out against the loophole in the law, and believes an abductor should be treated as a sexual or dangerous offender.

The 33-year-old mum-of-one from Dringhouses, York, whose stepfather John Arthur O'Brien is serving a ten-year jail term for rape and five counts of sexual assault against her, said: "If you are abducting a child you obviously have bad intentions towards that child.

"There are so many cases of children being abducted - and then sexually assaulted and murdered.

"I have concerns about this man being released into the community, as there is a chance he will do something like this again. Once he comes out of prison no one will know what he has done in the past. He could have been inside for theft or anything.

"I did some research on the internet myself to see if you could find out who was on the sex offenders' register, but the information doesn't seem to be available to the public.

"You would never know who was living next to you unless the police told you about it.

"But I do think a child abductor should be on the register, or on something like a child abductors' register, so at least they can be monitored in the future."

MPs bid to review the rules

CHILD abduction is not listed on a schedule of offences which come under the Sexual Offences Act 2003.

This means a defendant cannot be put on the sex offenders' register or be prevented from working with children.

Nor can they have a Sexual Offences Prevention Order made against them to restrict their contact with children. For instance, orders can be made to prevent a sex offender having unsupervised contact with a child under 16, or

contact with a child without a parent's consent.

Child abduction is also not a specified offence under the Criminal Justice Act, which includes offences such as murder, affray and rape, and allows orders to be made against offenders as they are considered dangerous.

A spokesman for the Home Office said: "Child abduction or attempted abduction is not considered to be of a sexual nature, and does not come under the Sexual Offences Act.

"The act was made in 2003, and so is relatively new. But we are constantly looking at cases to see whether there is any need for the law to be revised."

York MP Hugh Bayley said: "It appears to be a serious loophole in the law. I will look at what the judge has said and write to the Home Office to ask it to change the law. If a judge believes an attempted abduction was for sexual purposes, the person should go on the register of sex offenders."

Ryedale Tory MP John Greenway, pictured, said the judge had been right in his comments, and he would back Hugh Bayley's stance. "This highlights the fact that the sex offender's register does have its limits in attempting to protect young people from nasty, evil people."

Legal loophole surfaces once again

TERRY DELANEY is not the first criminal to escape being placed on the sex offenders' register in York in recent times due to a legal loophole.

Nicholas Rowley, an information technology teacher convicted of downloading child porn on his home computer, was not placed on the sexual offences

register.

The 26-year-old from Selby, who worked at Joseph Rowntree School, in York, was banned from working with children and was placed on List 99.

But his offence was at the bottom end of the scale of child porn offences, and so he was not automatically placed on the sex offenders' register - something beyond the powers of the judge.

Rowley was given a 12 months conditional discharge in February after he admitted three counts of making indecent images of girls.

The defendant said he visited a legitimate adult chat room, but pictures of teenagers were posted on the site by someone else.

Rowley's mistake was returning to the website a few days later, knowing the earlier pictures had been posted.

Updated: 09:05 Wednesday, April 26, 2006