Bail should be granted ‘where proportionate’, Government says after criticism

Courts should only bail offenders “where necessary and proportionate”, the Government has said, after the country’s most senior police officer criticised a decision to allow a paedophile to return to his flat which overlooked a children’s playground.

Zafer Dogan was jailed on Thursday for two years and four months after he was convicted of taking thousands of pictures of women and girls, before using AI technology to turn them into nude images for his own sexual gratification.

Despite protests from the police and prosecutors, he was bailed back to his flat in Enfield, north London, forcing one family who had fallen victim to his crimes to move in to temporary accommodation.

Following the 32-year-old’s sentencing, Metropolitan Police Commissioner Sir Mark Rowley took the unusual step of publicly criticising the justice system, arguing the pressure to cut the number of prisoners on remand has led to “dangerous and prolific offenders” being granted bail.

Sir Mark said the current system was leaving his officers feeling “hamstrung” by making “unfathomable decisions”.

A Government spokesperson said the law is “clear” and should be used to “protect victims, witnesses and the public while investigations and court proceedings are ongoing”.

Remand and bail decisions are made by independent judges or magistrates.

Speaking outside Wood Green Crown Court, Sir Mark had said: “The children should be put first, not the paedophile.

“The pressure to reduce the remand population has contributed to more dangerous and prolific offenders being granted bail routinely despite strong submissions from the police and CPS.

“Victims are left fearful, and communities are left feeling less safe, and confidence in the justice system is undermined.”

Earlier, the court heard how Dogan, who worked as a mechanic, took photos of adults and children going about their “daily business” without their knowledge before using AI software to digitally alter them into sexually explicit images.

Metropolitan Police Commissioner Sir Mark Rowley making a statement outside Wood Green Crown Court (Yui Mok/PA)

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A Government spokesperson said: “These were awful crimes and our thoughts are with the victims and their loved ones.

“The law is clear that bail should only be used where necessary and proportionate, including to protect victims, witnesses and the public while investigations and court proceedings are ongoing.

“We’ve brought in tough new laws to ban AI tools designed to create child sexual abuse images, target websites that spread them and stop this vile material being created in the first place.”

Dogan had previously pleaded guilty to multiple image offences, including making indecent images of children, having been arrested on July 16 on suspicion of offences involving indecent images of children.

Prosecutor Sarah Gabay said investigators discovered “thousands of images of women and children which seem to have been taken without their consent or their knowledge”.

Ms Gabay said they were “going about their daily business” in the photographs, which included pictures of children on climbing frames.

According to the police, Dogan had taken more than 5,000 images, many of which were from his bedroom window which overlooked a playground.

The court was told photos of 33 adult women and two children – aged seven and 13 – were “digitally altered” using AI software to create sexualised content.

DCI Brian Kelleher (left) alongside Metropolitan Police Commissioner Sir Mark Rowley (Yui Mok/PA)

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Dogan was arrested again on August 4 and the following day he was charged and remanded by police.

The defendant appeared at Highbury Corner Magistrates’ Court on August 6 and accepted all the charges against him.

According to the prosecutor, Dogan has “been on conditional bail throughout these proceedings”.

Dogan gave no comment interviews after both arrests, the court heard.

The court heard victim impact statements from the mothers of Dogan’s two child victims, who have been kept anonymous for legal reasons.

The mother of the 13-year-old victim described feeling as if she had been “punched in the gut” when police officers told her what had happened.

She added: “I’m really worried that my daughter’s photos are online and other paedophiles have them.”

The mother of the seven-year-old victim described feeling “helpless”, adding: “Our lives will never be the same again and I can’t do anything about it all because one man exploited my child.”

Joseph Carr, mitigating, said the defendant “recognises the profound seriousness” of his offending.

He said Dogan separated from his long-term partner in 2025 and subsequently “spiralled into depression”.

The lawyer said he “fell down the rabbit hole and was unable to find his way out”, but added there is no excuse for his actions.

The judge described Dogan as a “Jekyll and Hyde” character during the hearing having read multiple character references, which Mr Carr said “speak to positive character”.

Dogan pleaded guilty to three counts of making indecent images of a child which included 900 category C images, 294 category B images and 653 category A images – which are the most severe.

He also admitted possessing extreme pornography, possessing a prohibited image of a child, creating purported intimate images of an adult, obstructing a constable in the execution of their duty and a further two counts of making indecent photographs of a child.

Sir Mark also criticised the AI companies for being “grossly irresponsible” in the way they developed their technology.

He said: “This is another example of how some grossly irresponsible technology and AI companies must do more to prevent their platforms and tools from being used to facilitate sexual offending and harm.

“Innovation cannot come at the expense of public safety, and industry has a clear responsibility to help prevent these technologies being exploited by predators.

“Victims, in this case extremely young children and their families, deserve better from both the tech companies and the criminal justice system.”

Sentencing Dogan, Judge Alexander Jacobs said: “The offences are so serious that in my judgment only a custodial sentence is justified.”

He commended the “bravery” of the mothers who gave victim impact statements, adding: “As they rightly say, whatever sentence I impose, it will not undo what you did. No sentence can give those families back what you stole from them through your depraved actions.”

He said all of Dogan’s offending was “completely sexually motivated”.

The Met Police said that alongside the CPS, it had opposed Dogan’s bail on three occasions but their attempts were unsuccessful and the offender was allowed to return to his flat.