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 Peter Livingstone

Mar 14, 2025

At Edinburgh Sheriff Court, Sheriff Auchincloss sentenced Peter Livingstone to 2 years and 6 months' imprisonment after the offender was convicted of assault and sexual abuse. Livingstone will be subject to the notification requirements of the Sexual Offences Act 2003 (placed on the sex offenders register) for a period of 10 years.

On sentencing, Sheriff Auchincloss said:

"Peter Livingston, you were found guilty by the jury of the physical and sexual abuse of boys at a children's home in East Lothian over a period from April 1979 to April 1983. At the time you were employed by Barnardo's to care for these children. The children already were particularly vulnerable given that they were in residential care. As it was put during the trial - your job was to act in place of a parent for these boys. As such you were in a position of the highest trust. That was a trust that you betrayed for your own depraved ends.

Given the gross breach of trust over a four year period I can only assess your level of culpability as high. The impact of your conduct, in terms of psychological harm, I also assess as high. The court heard in evidence the impact your offending had, and still has, on your victims, extending over a period of 42 years. In particular in relation to charges 7,8 and 9. What you did has been a blight on the lives of the men the victims now are.

I take full account of the fact that you yourself were a young person at the time of the offending. I also take account of the fact that you have no previous convictions and appear not to have come to the attention of the police or the court since 1983, and that you are now 66. I also note that you are in poor health.

You continue to deny your offending. That is your right. But it also means that you have shown no remorse or insight into the impact your offending has had.

I have taken account of all the information available to me in the Criminal Justice Social Work Report, including that your own young life was troubled, and what has been said in mitigation by your solicitor. I have also considered correspondence from your defence witnesses about their experience of you and the positive impact you have had on their lives. However, after taking all of that into account, given the nature of the offending, I have concluded there is no appropriate way of dealing with you other than a custodial sentence.

There are, in effect, two groups of charges; assault and sexual abuse, reflecting two courses of conduct. I will deal with the charges on that basis. In relation to charges 1 and 6 there will be a cumulo sentence of 6 months imprisonment.

Charges 2, 7, 8 and 9 are the sexual offences. I will be imposing a cumulo sentence on each of these charges. Individually each of these charges would merit a custodial sentence of 12 months. However, the overall sentence I impose should be no more severe than is necessary to achieve the appropriate aims of the sentence. I also must look at the justice of the overall period of the sentence to ensure it is fair and proportionate. That being so, the cumulo sentence across charges 2, 7, 8 and 9 will be two years' imprisonment- consecutive to the sentence in charges 1 and 6. Giving a total custodial sentence of 2 years and 6 months imprisonment.

The purposes of these sentences are your punishment, the protection of the public and to express the disapproval of the court of your offending behaviour.

Given the sentence for charges 2, 7, 8 and 9 you will remain subject to the reporting requirements of the Sexual Offences Act 2003 for 10 years."