A registered Carlisle sex offender has been jailed after breaching a court order by dressing up as Father Christmas at a party for children held in a church.
Darren McGuinness, 48, was made subject of a sexual offences prevention order in 2011 after downloading indecent pictures of children.
Under its 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 undertaking in any activity — whether paid, voluntary or recreational — likely to bring him into unsupervised contact with children.
But Carlisle Crown Court heard McGuinness flouted the order twice late last year after he began volunteering at the city’s St Herbert’s Church, Blackwell Road, initially in the community kitchen.
McGuinnes then became heavily involved in the organisation of Halloween and Christmas parties. At both there was a disco, party games and food.
“Lots of parents were present, and of course present with children,” said prosecutor Brendan Burke.
McGuinness was in charge of the music and participated in games at the first event. Adults present with children did not know about his sexual offending history.
For the Christmas party, on December 18, McGuinness’s name and phone number featured on posters printed by the church. Again parents with children had no idea about his criminal past.
“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,” said Mr Burke.
Police became aware of McGuinness’s involvement and, when brought to court, he admitted twice breaching the order.
He was sentenced today when a judge heard he had flouted 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 began working with homeless adults. But his volunteering evolved with a link to the church where some people in authority, said Mr Smith, 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, of Fairfield Gardens, Carlisle, 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.”
Judge Swinnerton said it was clear some people at the church knew the defendant was sex offender, and he told him: “The responsibility is entirely (on) yourself. You have to take personal responsibility.”
Speaking after the sentencing hearing, the Rev Alun Jones, vicar of St Herbert’s, said McGuinness and two other men had been volunteers for 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.
When this was no longer available to them, the men were offered use of a separate hall on the church site from spring, 2020, to provide food for homeless and vulnerable people during the pandemic.
At no point, said Mr Jones, did McGuinness disclose his criminal convictions or the order, 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 Mr 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 Mr 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.”
