Gillingham paedophile jailed after accessing indecent images of children from Chinese website just weeks after prison release

A paedophile said to pose an "exceptionally high risk" was caught with prohibited child abuse images within weeks of being released from prison.

James Bird was living in Gillingham when police received information in May last year that he had flouted court imposed orders designed to manage his behaviour in the community.

Maidstone Crown Court heard that monitoring software he was legally required to have installed on any electronic devices flagged that via an unknown app he had accessed material depicting youngsters being subjected to sexual acts by adults.

As a result, Bird's laptop and tablet were seized and, after analysis, the latter was found to contain 20 banned images.

The 40-year-old later claimed they came to be in his possession out of “carelessness” rather than deliberate means.

But that was rejected at his sentencing hearing on Friday (January 9) when the judge described him as someone who had demonstrated by way of his criminal record a "compulsive, obsessive and determined" sexual interest in children.

Bird first appeared in court in 2014 for multiple offences relating to the making and distributing of abuse images, which led to a community order being imposed, along with a five-year sexual harm prevention order (SHPO).

However, two years later it was discovered he had breached the terms of that SHPO by contacting children online to commit multiple sexual offences while masquerading as a young, female schoolchild in fake social media accounts.

This led to him being handed a 15-year extended sentence comprising a nine-year jail term with a six-year additional licence period at Preston Crown Court in 2016.

Under extended sentences - imposed when an offender is considered dangerous in law - at least two-thirds of the custodial element must be served before parole can be applied for, and is only granted if it is considered safe to do so.

It was following Bird's release in January last year, having seemingly served the full nine years, that he went on to commit his latest depraved crimes.

Prosecutor Jeremy Kingsford said the tablet and laptop had been fitted with the eSafe monitoring software as required by his now indefinite SHPO after their purchase by the defendant in March.

He also explained that although the images depicted children aged six to 14 being abused by both male and female adults, it was "unclear" whether they were AI, CGI or cartoon creations.

Tom Dunn, defending, told the court however that they were in fact cartoons, or anime, accessed by Bird via a Chinese website while searching for adult pornography.

"He tells me this was carelessness on his part rather than a deliberate attempt to access indecent images of children," explained Mr Dunn.

"He makes the point, perhaps with some force, that he knew full well the activity he was conducting online would be subject to close monitoring, having complied with having the monitoring software installed."

Mr Dunn also argued that the fact the images depicted cartoons rather than real children was a relevant factor in the sentencing exercise when considering the harm caused.

Bird, who was living near Gillingham Park at the time and has three convictions for a total of 57 offences, pleaded guilty to one charge of possessing prohibited images of a child

The court heard that as a result of his arrest and having reoffended while on licence, he was recalled to prison with a sentence expiry date in January 3031.

But although Judge Julian Smith said any jail term he imposed would have to be served concurrently, he warned the sex offender, who appeared via video link with HMP Elmley, he would only be released by the Parole Board once it was considered safe to do so.

He added that at the time that the extended sentence was imposed almost 10 years ago, it would have been made clear to him he would be at risk of recall if he reoffended on his release.

Judge Smith also remarked that although it was unclear whether all the images were "mere cartoons", they were "of the type he knew full well that he was not permitted to look at or engage with".

Jailing Bird for 16 months, he continued: "It is said he went looking for adult porn he couldn't gain in the usual way and accessed it through this website being careless rather than deliberate.

"Had his record been less extensive and had he not demonstrated on previous occasions his absolute interest and determination in pursuing not only images of this nature and type but committing [previous] offences of the gravamen we are aware of and he has been punished for, maybe negligence and carelessness would have some credibility.

"What it demonstrates once again is why he is a risk. He has a compulsion, obsession, whatever it may be, to pursue images of this type and has done so again.

"It all seems to be compulsive, obsessive, determined behaviour and, in my view, his risk remains exceptionally high".

The indefinite SHPO and life-long sex offender notification requirements remain in place.