A PENSIONER who was found with more than 80 indecent images of children was not handed a prison sentence, after a three-and-a-half-year delay for his case to come to court.

Barry Chapman, of Woodlands Park in Allostock, appeared in Chester Crown Court on Wednesday, June 22, for possessing 81 indecent images, including 56 category A images, 20 category B and five category C.

Judge Steven Everett admitted if the 76-year-old had been sentenced three years ago, he would have been handed a suspended sentence, but the severe delay in the case had to be taken into account.

Prosecutor Jane Morris told the court police first received information on July 31, 2018, and a number of devices were seized from Chapman’s address.

While he had searched for and viewed the images at some point between 2006 and 2018, there was no evidence to suggest he had distributed them.

Ms Morris said he told police was looking for adult porn but these images had appeared instead.

Maria Masselis, defending, said Chapman had no previous convictions and the delay in the case was significant.

Judge Everett told Chapman: “Why you started this in your 70s is beyond me.

“You have lived a decent and right life and the letter I have read from your wife is pretty glowing.

“No-one is saying you are a contact sexual offender, but this case is just one of so many.

“It’s important that you understand this is not a victimless crime.

“Without people like you prepared to download these images, the people who create them may be less likely to create them.

“The people who do these things are terrible people, and you become part of their encouragement.”

He added there had been a delay of three-and-a-half years from Chapman’s arrest.

“I must take into account that this has been hanging over your head for a long time,” he added.

“Some may say that’s a good thing, and I agree in one sense, but that doesn’t mean to say it should be encouraged.

“No-one should have to wait more than three years for their prosecution, whatever they have done.”

Judge Everett said had Chapman been sentenced three years ago, he would have been subjected to a suspended sentence.

“But the delay is important,” he continued.

“You have stayed out of trouble for all that time.

“The probation officer believes you can be rehabilitated with a community order.

“The officer does not believe there should be any punishment element attached to that order because you have effectively had a suspended sentence for the past three years.”

Chapman was handed a two-year community order with 30 rehabilitation activity requirement days.

He must sign the sex offenders register for five years.