July 2021

‘Calculating’ sex offender moved himself into house with children

Nicholas Kelly, pictured, was previously convicted for child sex offences in 2013.

A registered sex offender who did not tell his partner that he could not live with her two underage children has been returned to prison.

Nicholas Kelly kept his previous conviction secret from his partner, who had two children aged under 16.

Kelly, of Walbrook Road, Derby, also lied to police about not living with minors and moving to his partner’s home, despite previously acknowledging the terms of his sexual harm prevention order meaning he had to inform them if he lived with children or changed address.

The 38-year-old’s new partner wept in court as he was sentenced to 14 months in prison, with half of his jail term to be served on licence.

He had earlier pleaded guilty to a charge of failing to comply with notification requirements of the sex offender register and two counts of breaching a sexual harm prevention order.

Sentencing at Derby Crown Court, Judge Shaun Smith said: “You are not foolish, you are calculating.

“Having kept it from [Kelly’s partner] you deliberately kept it from your supervising officer – you lied about it.

“I accept that you are remorseful – whether that is because you were caught or because you were genuinely remorseful is a moot point.

“It is clear that you have done nothing untoward, but that is not the point of a sexual harm prevention order that is in place for life. It is there to protect other people and it is there to make sure that if you want to go into a relationship, which you are perfectly entitled to do, you notify those people in accordance with the appropriate rules.

“It is a serious and deliberate breach of your order.”

Sinjin Bulbring, prosecuting, said Kelly’s former partner only found out about his past when the children’s’ school contacted her to raise concerns that Kelly was collecting them unsupervised.

He called Kelly’s offending a “persistent breach” of his sexual harm prevention order dating from 2013, when he was convicted of four counts of sexual activity with a child under the age of 16 and was sentenced to 32 months in prison and placed on the sex offender register indefinitely.