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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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 Stephen & Hazel Hamilton
Jan 26, 2026
On sentencing, Sheriff Patrick made the following comments in court:
“You have both pled guilty to causing unnecessary suffering and a failure to take reasonable steps to meet the needs of animals in your care over a sustained period of time.
In addition, you were running a breeding establishment without the necessary licence, an endeavour that was focussed on profit.
Mrs Hamilton, I have taken into account your lack of any record and Mr Hamilton your very limited record.
Having regard to all of the circumstances I am satisfied I can deal with you other than by way of a custodial sentence.
Accordingly in respect of charges 1 and 12 I am going to impose a community payback order. You will each be placed under the supervision of the social work department for a period of 12 months, during that time you must attend each and every appointment as directed by your supervising social worker.
In addition, as a punitive element you will each undertake 200 hours of unpaid work, this is reduced from 250 to reflect the fact that you plead guilty and avoided the need for a lengthy trial.
If you fail to engage with any aspect of this order you can be brought back before the court and dealt with exactly as you could be today, including by way of the imposition of a custodial sentence.
In terms of s40 of the Animal Health and Welfare (Scotland) Act you are each disqualified from owning or keeping any animal other than a maximum of one dog for a period of five years.
In respect of charge 13, having regard to the fact that confiscation orders have been made under the Proceeds of Crime Act totalling £100,000 you will each be admonished on this charge.”