Further hearing to be held over his child pornography charges

Tom Binns is expected to learn his fate for possessing child pornography in August.

The comic briefly appeared in Derby Crown Court today for his sentencing – having previously admitted  to five counts of making and one of possessing indecent images of children – but the case was adjourned for a second time.

The Derby Telegraph, whose journalist was in court today, reports that the case is going to a so-called Newton hearing on August 1.

This indicates that the prosecution may be challenging the basis of Binns’ version of events, which would influence any sentencing.

Such a hearing is conducted like a trial – with the comedian and others expected to give evidence on oath – but without a jury. Instead a judge alone tries to ascertain the truth in a disputed version of events. The burden of proof is on the prosecution.

After he pled guilty, Binns released a statement to Chortle saying: Over two years ago, while under the influence of an overdose of prescription drugs for ADHD, which induced obsessive-compulsive disorder, I downloaded and deleted a very large amount of adult pornography over a short period of time.

‘Within those downloads, it appears there was some child pornography that I had not sought out nor wanted.

‘I have no sexual interest in children. I have taken and passed a polygraph (lie detector test) stating I have no sexual interest in children. I am bitterly upset at the hurt this has caused my family for which I take full responsibility. I will take my punishment for this and hope that my family are not further harmed by my actions.

Binns, 53, is a veteran radio presenter, who is best known in comedy circles for his character Ivan Brackenbury, an inept radio DJ who was at the centre of the 2017 BBC One sitcom Hospital People, in which Binns also played other roles.

Published: 23 May 2023