A Conservative MP has slammed the decision to spare a transgender paedophile from prison after a discussion over whether she should be housed in a male or female prison delayed her case.
Miriam Cates, MP for Penistone and Stocksbridge, said it was ‘unbelievable’ that former prison worker Tanya Howes, 66, was only given a 12-month suspended sentence for possessing 39 indecent images of children.
It comes after Howes was told by magistrates that the offences ‘would normally attract immediate custody’ but they made the ‘unusual’ decision to suspend her 12-month jail term after the debate caused a ‘time lag’.
She had previously admitted three charges of possessing indecent images of children, including 39 category A images – the most serious – on February 19, 2020.
Howes also admitted a separate charge of possessing 100 ‘grossly offensive’ extreme pornographic images and videos on the same date.
Miriam Cates, MP for Penistone and Stocksbridge, said it was ‘unbelievable’ that former prison worker Tanya Howes (pictured), 66, was only given a 12-month suspended sentence for possessing 39 indecent images of children
She had previously admitted three charges of possessing indecent images of children, including 39 category A images – the most serious – on February 19, 2020
Mrs Cates said: ‘It’s unbelievable that a man who has been convicted of appalling crimes against children has not been imprisoned.
‘Prisons must be single sex facilities for obvious safeguarding reasons and we need an urgent inquiry to find out why authorities even considered whether to send him to a women’s prison. We cannot allow misplaced ideas about “equality” to prevent justice being done.’
Howes was identified on court documents as female and referred to in court by female pronouns.
The range of punishment for possession of category A images is between six months and three years in prison, according to sentencing guidelines.
Howes, who is understood to have once worked for the prison service, was sentenced at Norwich Magistrates Court on Tuesday.
David Campbell Bannerman also said the decision was too ‘lenient’ and ‘ought to be reviewed’.
He said: ‘It seems unduly lenient. It’s nothing to do with the person being transgender, it’s the nature of the offences.
‘It’s surprisingly lenient and ought to be reviewed. It leaves a lot of questions unanswered.’
Avoiding jail, Howes was ordered to carry out up to 30 days Rehabilitation Activity Requirement (RAR), pay £145 costs and a £149 victim surcharge
The case had been adjourned following an application by Norfolk Probation Service for an extension to complete reports, including referring the case to the Transgender Case Board.
This was introduced in 2017 to make decisions about the appropriate location and management of transgender prisoners.
But a ban on trans women with male genitalia who are violent or sexual offenders serving sentences in female prisons came into force earlier this year.
Exemptions will only be made in the ‘most exceptional’ cases and with the approval of ministers, the government has said.
Those who cannot be safely accommodated in a men’s prison can be imprisoned in a specialist unit.
The extra measures were introduced after the controversy in Scotland regarding Isla Bryson, a transwoman who was convicted of raping two women before transitioning from a man known as Adam Graham.
The extra measures were introduced after the controversy in Scotland regarding Isla Bryson (pictured), a transwoman who was convicted of raping two women
An initial decision to house Bryson in segregation at Scotland’s only all-female jail sparked a backlash from the public and politicians.
Howes, of Netherwood Green, Norwich, was sentenced to a total of 12 months imprisonment, suspended for two years.
Ian Taylor, chair of the bench of magistrates, said: ‘These offences would normally attract immediate custody
‘However, because of the time lag, no reoffending and because probation feel they can rehabilitate you it’s going to be an unusual sentence because we’re going to suspend the sentence.’
Mr Taylor added it did not detract from how serious these matters were with children being ‘subjected to horrific acts’.
Damien Moore, mitigating, said: ‘This case has attracted publicity that has inevitably had consequences for her in her personal life.
An initial decision to house Bryson in segregation at Scotland’s only all-female jail sparked a backlash from the public and politicians
‘It’s very, very clear that she will forever more have to live with the shame and embarrassment that these offences bring upon someone’.
Mr Moore said Howes, who has no previous convictions, pleaded guilty at the first opportunity and had shown a ‘high level of cooperation’ to the probation service.
He added that at the time of these offences Howes was ‘in a very dark place’ but was now in a ‘stable, loving relationship’ and has the ‘full support of her children’.
Howes was also ordered to carry out up to 30 days Rehabilitation Activity Requirement (RAR), pay £145 costs and a £149 victim surcharge.
She was also made the subject of a 10-year Sexual Harm Prevention Order (SHPO) and put on the sex offenders register for 10 years.
