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A teenager who was locked up for sex offences has been banned by a judge from using his PlayStation 4 video games console because police cannot monitor the access it gives him to the internet.
Jake Gibbs was told he could not “have his cake and eat it” as he was denied the ability to play on the consul.
A judge had imposed restrictions his use of the internet to safeguard the public and prevent reoffending.
However, a compromise was reached allowing the 18-year-old to indulge in online gaming on older PlayStation models.
Gibbs, from Gillingham, was at the age of 16 sentenced to two years and eight months youth custody in July 2016 after he admitted two offences of oral rape and two of assault by penetration.
Maidstone Crown Court heard he sexually abused two children, aged four and eight, when he was just 13.
Following his release last year, the teenager returned to court to oppose an application regarding his internet use under a Sexual Harm Prevention Order (SHPO) that was imposed.
Prosecutor Simon Taylor said the latest PlayStation models were internet-enabled, allowing communication with other users, but were incompatible with Kent Police monitoring software.
Elizabeth Garcia, defending, said the gaming device was the only form of socialising for the teenager and added his favourite games could only be played on a PS4.
“It’s the only form of socialising that he does and it is so important to this young man,” said Miss Garcia.
“Playing video games is one aspect in this young man’s life which affords him, with managed internet use and supervision, to make a transformation back into an unrestricted life once his conditions expire in 2021.
“It’s the only form of socialising that he does and it is so important to this young man...” - Elizabeth Garcia, defending
“His parents’ concern is that he will simply fall off a cliff once those restrictions are removed because he is unable to socialise at all if those restrictions are imposed.
“His PlayStation is his one opportunity to interact with the outside world and his friends.”
A compromise was reached after Mr Taylor said other devices, including earlier versions of the PlayStation as well as a Macbook already owned by Mr Gibbs, were compatible with the monitoring software used by police.
This, he said, would enable his internet use to be kept in check.
“It may not be his medium of choice but games can be played on that device and that device can be monitored,” said Mr Taylor. “This is a balancing act between the limiting of the subject and safeguarding the public.”
Judge Philip Statman agreed to impose a restriction on Gibbs using internet-enabled devices unless monitoring software could be installed.
“I am not trying to make his life difficult,” he said. “I am trying to make it as easy as I can but ensure that he doesn’t break the law and the community is protected.
“He cannot have his cake and eat it. It may be an important lesson for him to learn.
“This isn’t a blanket ban but sometimes you cannot have everything in life, and if you break the law there has to be a sanction.
“The parties have to understand the purpose of a Sexual Harm Prevention Order and why it is necessary for these terms to be drafted in the way they are.
“A Sexual Harm Prevention Order is an intentional safeguard and provides a judge with the option to pull back from a longer sentence or an extended sentence.”