Bulger killer ‘could face 10 years’ jail without trial’

Jon Venables could face up to 10 years in jail without trial for breaching the conditions of his release, if his fate is left in the hands of his parole officers.

Venables, 27, who was released with a new identity in 2001 after serving eight years in a secure children's unit for the murder of the toddler James Bulger, was returned to prison earlier this month. Justice Secretary Jack Straw has repeatedly refused to provide any details of the reasons behind his recall, but tabloid reports suggest it was in connection with child pornography offences.

Even if the claims are true, Venables may yet avoid a charge of possession of pornographic material rated as Category Four – only one category below Britain’s most serious level of child pornography. Category Four possession carries a tariff of up to five years in prison, but Straw is said to be concerned that a trial would expose Venables's identity. The cost of a second new identity for him – his first was said to have been uncovered by fellow prison inmates – could cost taxpayers as much as £250,000.

A more convenient option for Straw – and one more palatable to the tabloid press – could be to leave Venables's case in the hands of his parole officers. For breaching the conditions of his release, the parole board has the ability to jail Venables for five to 10 years without trial.

A "senior source" told the News of the World: "There is a drive to persuade the Justice Secretary and the Crown Prosecution Service not to charge Venables as it would provide everyone with the easier option to manage."

When Venables and Robert Thompson went on trial in 1994 for the murder of James Bulger, the sexual aspect of the killing was presented to Preston Crown Court but it was not dwelled on, to spare his mother Denise Fergus from further upset. It was also felt at the time that the evidence would make little difference to the eventual outcome of the trial, but now the nature of Bulger's torture and killing could affect Venables's parole.

The case file could strengthen the parole board's argument that Venables is a risk to the public, the source told the News of the World. "One key issue is the fact that he is being accused of child porn. If there is any evidence from the original case that James's injuries were consistent with sexual abuse this is a very strong tool for parole bosses to use to keep him inside for possibly another five to 10 years."

But a spokesman for Fergus today said that any new crime committed by Venables should not be "swept under the carpet".

"The Justice Secretary has spoken of Venables being suspected of a 'very serious offence' and if there is evidence of that, he should be brought before a court," the spokesman said.

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