SENTENCING STATEMENTS

On sentencing, Judge Arrol KC made the following remarks:

"Russell Pender, by the unanimous verdict of the jury, you were found guilty of committing various sexual offences against six individuals, which included a neighbour and five family members. The abuse took place over a period that was just four days short of five decades. The offences escalated in their level of seriousness, from lewd, indecent and libidinous practices and behaviour to statutory rape. Following your conviction, I called for a criminal justice and social work report. Upon consideration of that report, I imposed a risk assessment order upon you.

"You are now 70 years of age. I was provided with a very short criminal record, but it was analogous. You were convicted of lewd, indecent and libidinous practices and behaviour in 1991. I understand this was towards a six year old boy.  

"You perpetrated sustained and repeated abuse of the most vulnerable people you had exposure to. You presented as a safe place for each individual but that could not have been further from the truth.

"I have read with great care, the victim impact statements provided to me by four of your victims. I commend their bravery in the pursuit of justice. They make difficult reading. The impact upon their lives is unquantifiable. You took away their childhoods; nobody should have to endure that.

"The social work report noted that you continued to deny the offences, and showed no remorse. Indeed, you laughed when discussion took place about the length of sentence to be imposed. Most disturbingly, you narrate a history of you being abused, thus the abused has now become the abuser. To me, the account of your interview displayed highly concerning attitudes by you. You were assessed as presenting with a high risk of re-offending. The terms of this report persuaded me to impose a  risk assessment order.

"A full and very detailed risk assessment report, carried out by an accredited risk assessor, became available on 16 March 2026. The risk assessor summarises that you demonstrate a propensity to seriously endanger the physical and psychological well-being of the public at large and specifically children. I cannot possibly summarise the comprehensive and insightful report in this sentencing statement. Your personality pathology, denial, paedophilic disorder and sexual deviance are chronic, stable characteristics that I am told, are not anticipated to diminish with age alone. You lack empathy, remorse and fail to accept responsibility. You select the most vulnerable victims. Offending stopped because access to your victims was restricted. You will likely continue to commit sexual offences if at liberty.  She concludes that you meet the criteria for assessment as high risk.

"From these reports, it is clear that you present a very high risk of causing sexual harm to individuals, particularly children and vulnerable persons. The public must be afforded protection from you.  I have taken account of the submissions made by Senior counsel on your behalf.  Having regard to the nature and circumstances of the crimes you were found to have committed, the multiple risk factors identified in the risk assessment report, and the identified limited protective factors, I am satisfied that there is a likelihood that, if at liberty, you will seriously endanger the lives, or the physical or psychological well-being, of members of the public at large.  Accordingly, the requirements for an order for lifelong restriction are met, and I make such an order in respect of charges 1, 6, 7, 10, 11, 13, 15, 16, 17 and 18.

"This disposal constitutes a sentence of imprisonment for an indeterminate period. It means that you will only ever be released from prison into the community if the parole board can be satisfied that public safety will not be endangered.  It is clear from the risk assessment report that a great deal of focussed rehabilitative work will be required before that possibility could ever be realised. 

"For the purposes of retribution and deterrence I am required to fix the punishment part of your sentence. This period represents the minimum period which you must serve in prison before the parole board can even consider your case. In fixing the length of the punishment part I am required by law to begin by considering what would have been the appropriate determinate sentence for these offences, ignoring the period of confinement necessary for the protection of the public. 

"In the circumstances of the present case, had I not been imposing an order for lifelong restriction, I would have imposed a cumulo sentence in respect of all charges. In fixing the length of that sentence I would have first considered the sentence that I would have imposed on the charges, as follows:

• Charge 1, one year imprisonment
• Charges 6 and 7, three years imprisonment, in cumulo
• Charges 10 and 11,  two years imprisonment, in cumulo
• Charge 13, one year imprisonment
• Charges 15 and 16, two years imprisonment, in cumulo
• Charge 17, in relation to this charge, the Scottish Sentencing Council’s Rape guidelines apply. I have taken these into account when selecting the appropriate custodial term. You were in a position of trust and abused that power. Accordingly, I am satisfied that the level of culpability is within level A. I am also satisfied that the level of harm is within level 2.  Accordingly, on this charge, I impose 10 years imprisonment
• Charge 18, two years imprisonment

"That amounts to a total of 21 years, which would have been disproportionate. I would therefore have reduced the prison term to 16 years. Stripping out the public protection element of that sentence I would have further reduced the custodial term to 14 years.  Halving that period, as indicated by Parliament, gives a notional punishment part of seven years. 

"This sentence is backdated to 12 January, 2024.

"I must emphasise that this does not mean that you will be released automatically at the end of the seven year period. It simply means that until that period has elapsed you cannot ask to be considered for parole. Even after the period comes to an end, your date of release will depend on the view that the parole board takes of the risks to public safety which you pose when it considers your case. 

"In respect of all charges you will remain subject to the notification provisions of the Sexual Offences Act 2003 for an indefinite period.

"I also make non-harassment orders, in terms of which you will not approach, contact, or attempt to approach or contact, in any way whatsoever, either directly or indirectly, the six complainers named in the charges on the indictment, those orders to subsist for an indefinite period.

That is all."

23 April 2026