A pervert who deleted his mobile phone internet history has avoided jail for a second time.
Paul Waddington, of Burnley Road, Accrington, was given a suspended jail sentence last year after downloading hundreds of indecent images of children and extreme pornography.
Burnley Crown Court heard that the 56-year-old was given a seven-year sexual harm prevention order (SHPO) which banned him from deleting the history of any device capable of accessing the internet.
Stephen Parker, prosecuting, told the court how on August 26 this year, as part of a ‘routine visit’, officers went to his home in Accrington and examined his mobile phone.
The court heard how the phone’s internet history only contained two days worth of data.
When challenged by officers, Waddington admitting deleting the rest of the history and told police that he ‘forgot he wasn’t supposed to’.
Mr Parker said the mobile phone was forensically examined by officers and no indecent images or search terms were found.
Waddington, 56, pleaded guilty to breaching the terms of a sexual harm prevention order.
He was given a 48-hour residence requirement, fined £150 and ordered to pay £100 costs within 60 days of face seven days in jail in default.
James Heyworth, defending, told the court that there have been no other problems with his compliance with the suspended sentence and ‘everything else in [the pre-sentence report] is positive’.
Judge Beverley Lunt said Waddington was ‘stupid’ for risking immediate custody.
She told the court: “I’m not activating the suspended sentence. It would be unjust to do so.
“To put himself at risk of prison like that is just stupid.”
Sentencing, Judge Lunt said: “You put a lot at risk by virtue of what you did. It was an important technical breach of this SHPO.
“You must not delete the history on your phone. It’s been checked and there was nothing that needed deleting on your phone, which makes it even more stupid.
“This is your one and only chance to make a mistake like this.
“The next time you will have to serve some time in prison.”