Judge blasts law over sex offender

Luke Platten, 16, who has a history of offending, broke into an elderly woman's home and sexually assaulted her.

The Honorary Recorder of Hull and the East Riding, Judge Michael Mettyear, described it as a "terrible" crime and said he wanted to lock Platten up indefinitely for public protection, but his hands were tied.

Under "indefinitely for public protection" (IPP) rules, offenders are released only when the parole board believes they no longer pose a danger to the public.

Platten, of Hull, sneaked into the home of the 73-year-old woman, who cannot be named for legal reasons, while she was watching TV at 5.30pm on July 21 last year. He hid in her cupboard and grabbed her as she entered her kitchen, putting his hands over her face and eyes, before sexually assaulting her.

Platten escaped, but was caught later thanks to DNA genetic evidence.

He carried out the assault while on bail for committing a similar offence and was assessed as posing a "great risk" in the future, Hull Crown Court heard.

Extracts from psychiatric reports on Platten described him as a "potentially high-risk sex offender" and capable of committing the "most serious of sex crimes ... in a violent manner".

Judge Mettyear said: "This is a most distressing and worrying case. The defendant was 15 when he committed these offences.

"It was very serious and has had a great impact on the victim, her quality of life has been shattered."

He told Platten: "What you did to her was terrible.

"I'm very worried you may do something like this again in the future."

But despite his concerns, the judge could only sentence Platten to three-and-a-half years in prison after he pleaded guilty to sexual assault and placed him on the Sex Offenders Register for life.

He added: "My preference would be an extended sentence or a sentence of imprisonment for public protection but, due to a recent change in the law, I cannot pass such a sentence. I do not regard the option left to me as entirely satisfactory."

A change in the law in 2008 prevented Judge Mettyear from sentencing Platten to indefinite imprisonment for public protection due to his age and the fact he pleaded guilty.

The change meant that only offenders who are due to serve two years or more in prison can be sentenced to IPP. Because the law determines convicts are automatically released after serving half of any sentence under four years and as the Judge could only sentence Platten to three-and-a-half, he could not be considered for IPP.

Tory councillor John Fareham said it was a "repugnant" crime, adding: "People will be concerned that the judge had his hands tied. Sentencing should be left to Judges. Politicians should not be interfering."

Det Con John Lazenby, of Humberside Police's public protection unit, said: "This was a horrible attack on an elderly vulnerable victim in what should have been the safety of her own home."