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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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 Andrew Anderson
Oct 3, 2024
On sentencing, Lord Matthews said:
"You were found guilty after trial of sexually assaulting a 15 year old girl with intent to rape her. The offence was committed in the hours of darkness in Kilmarnock Town Centre. You repeatedly asked to kiss her, told her to lie on the ground, lay beside her, placed your hand inside her lower clothing, pulled her towards you, repeatedly requested that she have sexual intercourse with you, and sexually assaulted her. It was only with great presence of mind that she managed to trick you and escape from your clutches before alerting police officers who were patrolling nearby.
I have considered the reports and listened carefully to and taken account of all that has been said on your behalf but you are a persistent offender. Most of your offences have been for dishonesty but in 2006 you were made subject to an extended sentence of 8 years with a custodial term of 6 years for the rape of a 13 year old. On 1 February 2016 you were imprisoned for 16 months for breaching the notification requirements of the Sexual Offences Act 2003.
I ordered a Risk Assessment Report and can safely say that it is the most pessimistic I have ever read. You represent a considerable threat to vulnerable women, female adolescents and female children and the risk criteria in section 210E of the Criminal Procedure (Scotland) Act 1995 are clearly met.
In the circumstances the only way I can properly protect the public is by imposing on you an Order for Lifelong Restriction. In doing so I have to set a period of time, the punishment part of your sentence, which must pass before you can apply for parole. Whether you are successful in any such application will be a matter for others to decide.
Had I been imposing what might be called a conventional sentence it would have been one of imprisonment for 7 years. That is the base from which I must calculate the punishment part. I must deduct the part of that attributable to public protection, which I assess at 1 year. Of the remaining 6 years I deduct one half, leaving a punishment part of 3 years. The sentence would have run from 23 November 2022 when you were taken into custody but your remand was interrupted by a sentence of imprisonment for two years, to run from 19 December 2023. In these circumstances, the sentence will run from 23 November 2023.
This is not a sentence of imprisonment for three years and you will only be released when it is considered safe to do so.
You will be subject to the notification provisions of the Sexual Offences Act 2003 for an indefinite period and, if it has not already been done, the Scottish Ministers will be informed of your conviction in terms of the Protection of Vulnerable Groups (Scotland) Act 2007."