Child rapist is spared jail due to the prison overcrowding crisis as judge admits ‘it would have been virtually inevitable that you would have gone into custody’

A convicted child rapist escaped jail because of the overcrowding crisis in Britain’s prisons, it emerged today – with a judge admitting that time behind bars would have been ‘virtually inevitable’ otherwise.

Rees Newman, 33, was handed a suspended sentence last December for the historic rape of a girl under the age of 14, in 2005.

Under the terms of his sentence he was ordered to sign the sex offenders’ register and notify police if he went on holiday – but in May he jetted off to Egypt without telling officers.

Newman was hauled back before a judge at Newport Crown Court this week but – despite admitting breaching the terms of his sentence – he avoided prison a second time.

Judge Tracey Lloyd-Clarke, the Recorder of Cardiff, jailed Newman for two months but suspended his imprisonment for 18 months.

Rees Newman, 33, was handed a suspended sentence for the historic rape of a girl under the age of 14 – he is pictured here leaving his home in Newport

Ministers this week activated 'Operation Early Dawn' emergency measures to avoid prison overcrowding as more rioters are sentenced - pictured is HMP Berwyn in Wrexham

Ministers this week activated ‘Operation Early Dawn’ emergency measures to avoid prison overcrowding as more rioters are sentenced – pictured is HMP Berwyn in Wrexham

She told Newman: ‘If we had been in different times then it would have been virtually inevitable that you would have gone into custody.

‘The only reason you have escaped immediate custody today is because of the prison overcrowding crisis.’

The Government activated emergency measures, known as Operation Early Dawn, earlier this week in a bid to ease pressure on UK prisons which are almost at capacity.

The long-standing plan, described as a ‘one in one out’ policy, was implemented in the north of England following an influx of inmates sentenced in connection with recent rioting.

It allows defendants to be held in police cells and not summoned to magistrates’ court until a space in prison is available.

Next month prisoners will also be released after serving 40 per cent of their sentence, instead of half way through, as is usual.

The temporary move – which does not apply to those convicted of sex offences, terrorism, domestic abuse or some violent offences – is expected to result in 5,500 offenders being released in September and October.

Newman,from Newport, was convicted of raping a child under the age of 14 at Croydon Crown Court last December.

He was jailed for two years for the historic offence, which dated back to 2005 when he himself was 14 – but a judge agreed to suspend that sentence for two years, meaning he walked free.

Rees Newman was hauled back before a judge at Newport Crown Court (pictured) this week but ¿ despite admitting breaching the terms of his sentence - he avoided prison a second time

Rees Newman was hauled back before a judge at Newport Crown Court (pictured) this week but – despite admitting breaching the terms of his sentence – he avoided prison a second time

Since the outbreak of riots after the Southport stabbing attack on 29 July, hundreds of people have appeared in magistrates' courts in relation to the chaos

Since the outbreak of riots after the Southport stabbing attack on 29 July, hundreds of people have appeared in magistrates’ courts in relation to the chaos

Newman was also ordered to sign the sex offenders register and, under the terms of the register, required to notify police at least seven days before any travel abroad.

The court heard he told his probation officer he intended to travel to Egypt on holiday, but ignored his advice to also inform police and jetted off to the tourist hotspot on May 25.

Newman, of Santon Court, pleaded guilty to failing to comply with notification requirements at Newport Magistrates’ Court in June.

Charles Archer, defending, said Newman, who works at a car dealership, was ‘terrified of the prospect of custody’.

 He asked the court to consider the current situation regarding prison overcrowding and the fact his client would only serve a short custodial sentence if sent immediately to jail.

Mr Archer said: ‘He doesn’t minimise the offence and understands that he has to comply. 

‘There was no malice and he wasn’t trying to deceive anyone – it was a stupid mistake. It was a genuine misunderstanding.’

Mr Archer said Newman was unlikely to breach the order again.

‘There are significant stabilising factors in his life which suggests that he wouldn’t reoffend or breach this order again,’ he added. 

‘The defendant is in work. He has a full-time job and he works hard.

‘Indeed, he has always worked since leaving school and he makes a good living doing that. He lives with his partner of 13 years and is scared of not being able to provide for his partner as he is the main breadwinner.’

Judge Lloyd-Clarke fined Newman £2,000, plus £420 costs, and ordered him to carry out 50 hours of unpaid work.

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