A registered sex offender has been jailed after breaching a strict court order by dressing up as Father Christmas, sitting in a grotto and giving presents to young children.
Darren McGuinness, 48, of Fairfield Gardens, Carlisle, was made subject to the tough terms of a sexual offences prevention order (SOPO) in 2011 after he downloaded indecent pictures of children.
Under those terms he was prohibited from having contact with any child under 16 unless supervised by an adult, or with the consent of a parent or guardian having full knowledge of his offending history.
He was also banned from taking part in any activity – whether paid, voluntary or recreational – likely to bring him into unsupervised contact with children.
But McGuinness became ‘heavily involved’ in organising Halloween and Christmas parties at a local community kitchen in October and December.
At both of these events, there was a disco, party games and food.
The prosecutor, Brendan Burke, said: “Lots of parents were present, and of course present with children.”
McGuinness was in charge of the music and partook in games at the first event.
Adults that attended the event with their children ‘didn’t have a clue about his sexual offending history’.
For the Christmas party, on Saturday 18 December, McGuinness’ name and phone number were used on posters ‘printed by the church’.
Parents with children also had no idea about his criminal past at this event.
Mr Burke said: “Because of Covid restrictions, there was no contact with children but the defendant did play the role of Father Christmas, sitting in a grotto, and children were brought into that grotto – never unattended.”
Police became aware of McGuinness’s involvement and, when brought to court, he admitted to breaching the SOPO twice.
He was sentenced today (19 May) when a judge heard he had gone against the order several times in the past, initially being handed a suspended jail term which was later activated after another breach.
Jeff Smith, defending, said McGuinness had initially started working with homeless adults, but his volunteering ‘evolved’ with a link to the church where some ‘people in authority’ knew he was a registered sex offender.
“He did what he shouldn’t have done with the endorsement and encouragement of others who, like him, should have known better”, said Mr Smith.
Jailing McGuinness for 16 months, Judge David Swinnerton said of the Christmas party breach: “There is nothing much more likely to bring you into contact with children than dressing up as Santa Claus, sitting in a grotto and inviting them to come in and get a present.”
Calling McGuinness a ‘persistent breacher’, Judge Swinnerton said it appeared ‘clear’ some people at the church knew the defendant was sex offender, but told him: “The responsibility is entirely [on] yourself. You have to take personal responsibility.”
Speaking after the sentencing hearing, the vicar of St Herbert’s, Reverend Alun Jones, said McGuinness and two other males had been volunteers for the Community Chef Project (CCP).
This had been run without any connection to the church for three years at city centre premises, and had its own safeguarding policy and constitution.
Reverend Jones said at no point did McGuinness disclose his criminal convictions or the SOPO, stressing: “I knew nothing from the police, nor Darren’s probation officer, nobody disclosed anything to me.
“They were not part of the church. At no point ever did they come to church or were they part of the church. They simply used my hall for the CCP.”
The three men were initially taken through the church’s safe recruitment procedures but no enhanced DBS (disclosure and barring service) check could be obtained because they were working in a kitchen, away from children and vulnerable adults.
Both the Halloween and Christmas parties in 2021 were organised by the CCP; independent of the church.
Written DBS guidelines were followed ‘to the letter’ for the Christmas event, said Reverend Jones, during which donated toys were handed out.
“At no point was any child alone with this person because it was a managed event. The safeguarding officer was there, Santa’s helpers (adults) were all there. No child was ever brought forward for a toy without their parent,” he stated.
The first he learned of McGuinness’ criminal convictions was late on Christmas Eve, 2021, when he was alerted by an anonymous text. He was summoned to a Boxing Day meeting and confirmed his past offending.
“Nobody at St Herbert’s Church knew anything about it. At no point did I have any knowledge of previous convictions or any knowledge of restrictions or orders governing their behaviour. If I had, he wouldn’t have been here,” said Reverend Jones.
“The church unreservedly apologises for any concern caused to any parents who were at these events or who have been shocked by them.
“We have reviewed and tightened all safeguarding policies and safe recruitment policies, and have made some recommendations that if you apply for enhanced DBS you should be able to get one.
“We do hope that going forward there could be better communication between the police and any site that has people with criminal convictions who are volunteering.”
