A transgender woman caught with indecent images of children was spared jail after her case was delayed so a decision could be made on whether she should be housed in a male or female prison.

Tanya Howes, 66, was told by magistrates that the offences “would normally attract immediate custody”.

But they said they had decided to suspend a 12-month jail term, following lengthy delays to her case. 

Howes, a former prison worker, was identified on court documents as female and referred to in court by female pronouns.

She had previously admitted three charges of possessing indecent images of children, including 39 category A images – the most serious – on Feb 19 2020. She also admitted a separate charge of possessing 100 “grossly offensive” extreme pornographic images and videos on the same date.

The range of punishment for possession of category A images is between six months and three years in prison, according to sentencing guidelines. 

The case had been adjourned following an application by Norfolk Probation Service for an extension to complete reports, including referring the case to the Transgender Case Board. This was introduced in 2017 to make decisions about the appropriate location and management of transgender prisoners.

A ban on trans women with male genitalia who are violent or sexual offenders serving sentences in female prisons came into force earlier this year. Exemptions will only be made in the “most exceptional” cases and with the approval of ministers, the Government has said.

Those who cannot be safely accommodated in a men’s prison can be imprisoned in a specialist unit. The extra measures were introduced after the controversy in Scotland regarding Isla Bryson, a trans woman who was convicted of raping two women before transitioning. An initial decision to house Bryson in segregation at Scotland’s only all-female jail sparked a backlash from the public and politicians. 

Howes was sentenced at Norwich magistrates’ court on Tuesday to a total of 12 months imprisonment, suspended for two years.

Ian Taylor, chair of the bench of magistrates, said: “These offences would normally attract immediate custody. However, because of the time lag, no reoffending and because probation feel they can rehabilitate you it’s going to be an unusual sentence because we’re going to suspend the sentence.”

‘Horrific acts’

Mr Taylor added it did not detract from how serious the matters were, with children being “subjected to horrific acts”.

Damien Moore, mitigating, said: “This case has attracted publicity that has inevitably had consequences for her in her personal life. It’s very, very clear that she will forever more have to live with the shame and embarrassment that these offences bring upon someone.”

David Campbell Bannerman, the Conservative MEP, criticised the “lenient” sentence – questioning the reasoning behind it. He said: “It seems unduly lenient. It’s nothing to do with the person being transgender, it’s the nature of the offences.

“It’s surprisingly lenient and ought to be reviewed. It leaves a lot of questions unanswered.”

Mr Moore said Howes, who has no previous convictions, pleaded guilty at the first opportunity and had shown a “high level of co-operation” to the probation service. He added that at the time of these offences Howes was “in a very dark place” but was now in a “stable, loving relationship” and has the “full support of her children”.

Howes was also ordered to carry out up to 30 days rehabilitation, pay £145 costs and a £149 victim surcharge. She was also made the subject of a 10-year sexual harm prevention order and put on the sex offenders register for 10 years.