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 Smith

Apr 9, 2025

At Glasgow Sheriff Court, Sheriff Andrew McIntyre sentenced Craig Smith to 2 years and 3 months' imprisonment after the offender pled guilty to offences involving sexual abuse of trust. Smith was also made 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 Andrew McIntyre said:

"You have committed a series of sexual offences against young people in respect of whom you were in a position of trust. You were their teacher. Your behaviour disclosed a concerted and sustained course of conduct towards these young people. In each case you entered into private communications with the girls. In each case, the communication began with innocuous exchanges which then developed into inappropriate and, ultimately, criminal conduct. The period over which all of this took place makes plain that this was not an isolated incident, or an aberration. You clearly groomed these pupils over a period of time and, in the case of charges one and two, you engaged in sexual activity which was serious in nature.

The law aims to protect young people from sexual exploitation by those in whom they trust. The law recognises that teachers and people in other such professions are entrusted to look after young people when they are away from their parents and guardians. You breached that trust in a very serious way and you did so repeatedly. Young people ought to be able to attend school safe in the knowledge that their school is a place of safety and that their teachers are people in whom they can trust and who will safeguard their best interests rather than exploit them. It is a sad state of affairs that you breached the trust of these young pupils and undermined the hard work of your colleagues who, I’m sure, meet the high standards expected of them day and daily.

It is to your credit that you are entirely contrite and remorseful. You appear to show insight into these offences. You are also a first offender.

If I were to impose separate sentences for each of these offences, the overall sentence would be excessive. I would have selected sentences of 18 months in respect of each of charges 1 and 2 and a sentence of 9 months in respect of charge 3. That would have resulted in a starting sentence of 45 months. Having regard to decisions of the High Court, I have concluded that that would be excessive. On the other hand, if I were to select individual sentences with a view to ensuring a proportionate total, then each sentence would fail adequately to reflect the seriousness of the offence in question. Accordingly, I shall select a cumulo sentence; that is one sentence covering all three offences. The sentence will be one of 3 years. I must modify that to give credit for your early plea of guilty which spared the complainers from giving evidence. Accordingly, the sentence will be one of 2 years and 3 months.

The sentence will run from 21 March 2025 on which date you were first remanded in custody.

You will be subject to the sex offender notification requirements for a period of 10 years.

You will be included on the list of people barred from working with vulnerable groups."