James Bainbridge

James Bainbridge, 33, was sentenced at York Magistrates’ Court for four breaches of a sexual harm prevention order (SHPO) imposed after his conviction last July for grooming a child for sexual activity online. The court heard that Bainbridge, who is required to inform police of any internet-enabled device he possesses or uses, failed to disclose his partner’s phone and tablet. The devices were discovered during a routine monitoring visit by officers.

Prosecutor James Harrison told the court that the conditions of the SHPO included a requirement that Bainbridge must notify police about any device capable of accessing the internet, and he was prohibited from using software that deletes browsing history or fails to retain it. When police attended his home, his partner said he had been using her phone and tablet. Bainbridge had not reported either device. The phone was handed over immediately, but the tablet was initially missing; Bainbridge, who had been absent on arrival, later returned and retrieved it.

Both devices had the Snapchat application installed and active. Snapchat is a messaging service that automatically deletes messages and does not retain full internet history, making it incompatible with the order’s restrictions. Bainbridge, of Burnsall Drive, Holgate, York, pleaded guilty to two counts of failing to notify police about his use of an internet device and two counts of using software that does not retain internet history.

Defence solicitor Kevin Blount argued that the breaches arose from naivety rather than a deliberate bid to evade the order. He said that, like many partners, Bainbridge and his girlfriend had shared each other’s passwords; she has since changed hers and not disclosed the new ones. Police conducted initial examinations of the phone after his arrest and no further offences beyond the breaches were charged, the court was told.

The magistrates considered the breaches serious enough for immediate custody but suspended the prison term. “We have suspended it because you are making good progress with the probation service,” they said. Bainbridge received a 16-week prison sentence suspended for 12 months. He was also ordered to pay £85 prosecution costs and a £154 statutory surcharge.

The court heard that Bainbridge had been given a two-year community order in July with 200 hours of unpaid work, 25 days of rehabilitative activities, and a rehabilitation programme. A probation officer told the court that he had completed the unpaid work and rehabilitative activities and was continuing with the 26-week programme.