SENTENCING STATEMENTS

A judge may decide to publish a statement after passing sentence on an offender in cases where there is particular public interest; where a case has legal significance; or where providing the reasons for the decision might assist public understanding.

Please note that statements may include graphic details of offences when it is necessary to fully explain the reasons behind a sentencing decision.

Once charges are spent, any statement in relation to them is removed and cannot be provided or acknowledged. Statements published before the launch of the website may be available on request. Please email judicialcomms@scotcourts.gov.uk.

The independence of the judiciary is essential to safeguard people’s rights under law - enabling judges to make decisions impartially based solely on evidence and law, without interference or influence from the government or politicians.

When deciding a sentence, a judge must deal with the offence that the offender has been convicted of, taking into account the unique circumstances of each particular case. The judge will carefully consider the facts that are presented to the Court by both the prosecution and by the defence.

For more information about how judges decide sentences; what sentences are available; and matters such as temporary release, see the independent Scottish Sentencing Council website .

Read more about victims of crime and sentencing.

HMA v Malcolm Lamont

May 21, 2024

At the High Court in Edinburgh today, Judge Tait sentenced Malcolm Lamont to 7 years imprisonment after he was found guilty of sexual offences against two people. Lamont has also been added to the sex offenders' register indefinitely.

On sentencing, Judge Tait told Lamont:

"Malcolm Lamont, on 25 March 2024 at Livingston High Court you were convicted after trial of one charge of rape, a second charge of sexual assault by penetration and charges of lewd, indecent and libidinous practices and causing a young child to look at a sexual image.

These offences took place over a seven year period and were committed against two complainers who were known to you.

I am grateful to the complainer who took time to share the considerable impact upon her with the court in her Victim Impact Statement.

You are aged 34.

You have one previous conviction for two assaults on a child from 2015 for which you were fined.

I acknowledge that you have no previous convictions for sexual offending. I acknowledge your relative youth at the outset of the offending, your difficult upbringing and health difficulties.

The author of the risk assessment prepared for today’s hearing assesses you as presenting a moderate risk of sexual re-offending.

I have listened carefully to what Mr Smith has said on your behalf this morning and take all of the points advanced in mitigation into account in determining a suitable sentence in your case. I have given careful consideration to the criminal justice social work report and risk assessment.

Nonetheless, these sexual offences are of considerable gravity. They will have had a substantial impact upon the complainers. The complainers should be commended for their courage in giving evidence.

Accordingly, because of the gravity of the crimes, a custodial sentence is the only appropriate disposal in your case.

Turning then to disposal, you will serve in relation to charges 1 to 6 in cumulo (that is taken together) a period of seven years’ imprisonment. The period of seven years’ imprisonment will be backdated to 25 March 2024, being the date of your remand in custody.

I have given careful consideration to whether an extended sentence is indicated but having regard to the terms of the available reports, I am not satisfied that the statutory test for an extended sentence has been met.

Finally, as a result of this disposal, you will be subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period."

21 May 2024