A 33-year-old school teacher has been spared a jail sentence for downloading child porn because the material was at a low level.

Robert Burke also earned his freedom because he fully admitted his guilt and had started having counselling.

Burke, who was head of drama at the Duke of York’s Royal Military School in Dover, has been given a three-year community rehabilitation order and will have to attend a 10-month sex offenders’ course.

Burke was arrested as part of Operation Ore as a result of giving credit card details to access child porn.

Fiona Moore-Graham, prosecuting, said police went to the teacher’s home at the school in Guston, near Dover, on June 2 when he was absent.

Seized computer equipment was found to contain 15 indecent images of boys aged 11-18 at level two and five at level one. The highest level is five.

When shown the photos, Judge Keith Simpson commented: “The same sort of stuff we have seen before.”

After his arrest Burke, who taught at the school for two years, admitted responsibility. He said he had an evidence eliminator on the computer and had deleted some images.

Burke, now of Dover Road, Folkestone, admitted 20 charges of making indecent images of children between September 19 2002 and January 13 this year.

Miss Moore-Graham said there had been a total of 54 images, including video clips, but the charges related to 20.

Pieter Briegel, defending, told Maidstone Crown Court that Burke had been a dedicated and respected teacher for 12 years. A letter from the headteacher at the school stated that the profession had lost an able teacher.

Burke had completed three counselling sessions. “Shortly after his arrest, of his own volition he sought assistance from an outside service,” said Mr Briegel.

The teacher had three computers, one at his parents’ home in Manchester, but only one had offensive material on it. He resigned from the school and was now marking papers. He planned to set up a management consultancy business.

“There is no risk of him coming into contact with young people,” said Mr Briegel. “We are dealing with an individual who has considerable insight into his offending.

“There is no suggestion of any impropriety in dealing with students over the 12 years he was a teacher. That career is effectively lost to him now. He is seeking to get his life back on course.”

Judge Keith Simpson told Burke: “What I am quite sure about is that you and people in your position - and we see a lot of it in these courts - simply fail to appreciate that at the end of this process there are real, live children who are being subjected to the sort of activity we see portrayed.

That is the reason why the courts have to take these matters very seriously indeed.”

As the material was at a low level, he said, it permitted him to take a course he would not otherwise take.

“I am satisfied that the most useful course, not just from your point view but the public at large, is to make a three-year community rehabilitation order with a condition that you attend the Thames Valley Sex Offender Groupwork Programme,” he said.

“Because you have been having counselling, I am satisfied you will be a suitable candidate. You will benefit from it and apply yourself to it.”

Judge Simpson said Burke, who will have to sign the sex offenders register, would have to pay £578 court costs as he saw no reason why the taxpayer should have to foot the bill.