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 Craig Strachan

Oct 15, 2024

At the High Court in Stirling Judge Tait sentenced Craig Strachan to 6 years imprisonment after the offender was convicted of rape. He will be subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period. Judge Tait also made a non-harassment order preventing him from contacting or attempting to contact the complainer for a period of 20 years.

On sentencing Judge Tait made the following remarks in court:

"Craig Strachan on 2 July 2024 at Livingston High Court you were convicted after trial of one charge of rape which occurred during 2013.

You are aged 33. You have a limited schedule of previous convictions and none are sexual offences.

I am mindful of your relative youth at the date of this offence.

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

I have listened carefully to what your counsel 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, this offence is of considerable gravity. It has had and will have a substantial impact upon the complainer. The complainer should be commended for her courage in giving evidence, especially in the difficult circumstances of the publicity which your online disclosure attracted.

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

In the whole circumstances, I am not satisfied that there is an appropriate alternative to a custodial sentence. Turning then to disposal, you will serve a period of six years’ imprisonment, backdated to 2 April 2024, being the date of your remand in custody.

I have given careful consideration to whether an extended sentence was 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.

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

I shall make a non-harassment order preventing you from contacting or attempting to contact the complainer for a period of 20 years."

15 October 2024