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Judges have been forced to allow 'truly abhorrent' offenders to walk free

Paedophiles will avoid jail under Labour's new sentencing laws.

Offenders who would have a year in jail for offences including possession of child abuse images or historical child abuse are walking free.

Under the Sentencing Act 2026, introduced to relieve prison overcrowding, almost all sentences of 12 months or less are suspended.

Former Justice Secretary David Lammy said the country would be made safer by keeping low-level offenders in the community.

But several cases of serious offenders who could have spent more than a year behind bars have now been identified.

The revelations follow criticism of Andy Burnham's handling of the early release scheme.

In one case, identified by The Telegraph, Callum Powell, 34, avoided prison after possessing almost 3,000 indecent images of children.

Powell, who also appeared on a parkour YouTube channel to over 11 million subscribers, possessed 178 category A images, which depict the most serious forms of abuse.

District Judge Amanda Kelly, sentencing, said the case was so serious "only a custodial sentence could be justified".

This resulted in Powell receiving an 18-month prison sentence, but his early guilty plea cut it down exactly 12 months, allowing him to walk free.

District Judge Kelly said: "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."

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Some exemptions to the Sentencing Act are in place, but these could not be applied to Powell.

District Judge Kelly admitted that while his offences were "truly abhorrent", he could not be legally exempted.

In another case, Clint Barnes, 56, walked free after being convicted of historical child abuse dating back to three indecent assaults against a boy under 16 in the late 1990s and early 2000s.

Judge Stephen Climie, sentencing him on May 6, said he was forced to suspend his sentence.

"I don't deal with the legislation, I have to apply it, and for those reasons, and only those reasons, as this is a case which last year I would have sent you to custody immediately for 12 months, I suspend that for the next two years," he told the defendant.

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 £700m investment in probation and community punishment is ensuring staff have the resources, powers and technology they need to manage offenders safely in the community."

The spokesman also said the law creates new provisions for courts to ban offenders from attending pubs, bars and clubs, as well as public events such as sports and concerts and to prohibit offenders from driving.