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.
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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 Christopher Ferguson
Aug 21, 2024
On sentencing, Sheriff Nicolson said:
"The offences which you were found guilty of are serious, both individually but also in the pattern they formed over a period of around 14 years. During that time, and as you became more mature, your offending behaviour escalated in terms of the range and gravity of offences. That escalation also coincided with you becoming a police officer, a development which led you to become someone trusted to uphold the law and protect others. It would also have led you to a more in depth understanding of the harmfulness of domestic abuse. The later offences were also made more serious because they were committed in the context of the previous offending behaviour.
I have had the opportunity of reading the victim impact statements of the second and third complainer. They disclose profound and ongoing harm which has adversely impacted on many aspects of their lives and continues to do so. Although the first complainer has chosen not to submit such a statement, it was clear from her evidence that your conduct caused significant distress to her over a period of years.
I have considered the terms of the social work report and I have listened carefully to what has been said on your behalf in mitigation. However, against that, your culpability and the harm caused are such that there is no alternative but a custodial sentence.
In passing sentence, I shall first set out what sentences would have been passed in respect of the individual offences. However, given the number of offences, I have moderated the total sentence by imposing an overall sentence in cumulo. I shall pronounce that overall sentence at the conclusion.
On charges 1, 3 and 4 – 12 months’ imprisonment on each charge
On charge 5 - 2 years’ imprisonment
On charge 6 - 3 years’ imprisonment
On charge 7 - 1 year imprisonment
On charge 8 - 1 year imprisonment
On charge 9 - 2 years’ imprisonment
On charge 10 - 2 years’ imprisonment
In cumulo, a sentence of 45 months’ (3 years and 9 months) imprisonment is imposed.
You will be subject to the notification requirements of the Sexual Offences Act 2003 in respect of charges 7 and 8 for a period of 10 years.
Non-harassment orders are also imposed in respect of each complainer for a period of 10 years."