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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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 Gary McIntyre
Mar 19, 2026
In passing sentence, Judge McFadyen observed
“This was, on the face of it, a serious attempt to blow up the property rented by you, an upper flat in a block of four, clearly endangering the public. You had cut gas pipes and set fire to items in the living room, in particular in the gas meter cupboard. When the police arrived you threatened to take one of them with you and barricaded yourself inside and, even once the fire had taken hold, refused to come out until the police withdrew to enable firearms officers to take over; it was only when you were told that firearms officers were taking over that you surrendered, after a siege of about five hours. This was a determined piece of shockingly reckless behaviour.
I have considered all that has been said on your behalf, including as regards your mental health at the time and the material submitted on your behalf, but I also note that you have a significant previous record, including for serious violence. Taking all the circumstances into account, I consider that the appropriate sentence is an extended sentence of 8 years and 7 months. That will consist of a custodial period and an extension period after your release when you will be subject to supervision in the community.
Having considered everything that has been said in mitigation, I am prepared to restrict the starting point for the custodial period to one of eight years, which I will reduce to 5 years and seven months in light of your plea of guilty, and taking account of the brief period you earlier spent on remand that will be backdated to run from 11 February 2026.
You will thereafter be subject to an extension period of three years when you will be subject to licence conditions set on behalf of Scottish Ministers. If you breach these conditions, you can be returned to custody.”
19 March 2026
