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.  

Follow us if you wish to receive alerts as soon as statements are published. 

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.

Read more about civil judgments.

HMA v Amadeusz Giers

 

Oct 2, 2026

At the High Court in Livingston, Judge Craig imposed an Order for Lifelong Restriction on Amadeusz Giers, after the offender was found guilty of four charges involving sexual and non-sexual violence.

 

Upon sentencing, Judge Craig made the following remarks:

"Amadeusz Giers, on 10 November 2025 you were convicted by a jury of a total of 4 charges involving sexual and non-sexual partner violence against 2 different complainers.

"Your offending spanned a period of over 10 years across both relationships, with barely a break between.

"Having regard to evidence at your trial and the Justice Social Work Report dated 9 December 2025, I considered the risk criteria might be met in your case and so called for a risk assessment report.

"In her report, dated 14 April 2026, the accredited risk assessor instructed to assist the court assessed the risk your being at liberty presents to the safety of the public at large as HIGH. Her conclusions are supported by the report prepared on your behalf. Both assessors conclude there are multiple risk factors which give cause concern for your future management, both in prison and in the community. 

"You are described as someone who has a profound lack of concern or empathy for the victims with your only concern being for the injustice you perceive results from your convictions. However, the assessors have noted your persistent pattern of sexual violence across multiple relationships involving varied acts of physical and sexual violence together with psychological coercion. They highlight that this includes choking and physical restraint, with increasing severity and frequency of violence which, taken together with your denials and victim blaming, indicates a high risk of continued inter-relationship violence and sexual offending.

"Despite understanding the gravity of your situation, you have continued to target your ex-partners from prison.

"You lack insight into your entrenched attitudes and behaviours are resistant to intervention. Over time you have repeatedly failed to comply with monitoring arrangements and persistently breached rules, acting in an intimidating, harassing manner towards victims even when NHO were in place.  The assessor highlights your deceptive behaviour towards your criminal justice social workers, and that you act subversively, engaging in extreme levels of surveillance of your ex-partners, beyond the control of managing authorities. 

"The assessor’s view is that your entrenched personality impairment is such that for you to make long-term and sustained change in his life, you will require external measures of control and restriction to be placed upon him for the rest of your life.  

"The Assessor appointed for you echoes that view, describing you as having complex personality traits with a high prevalence of psychopathic personality characteristics and dysfunction, together with traits of Antisocial Personality Disorder and Borderline Personality Disorder. He explains that this type of complex personality combination limits the extent to which you would be able to change your behaviour and concludes that the measures of lifelong restriction will be required to manage the severe, enduring and harmful level of risk you pose to the public at large. 

"Having considered all the material before and having listened to what was said on your behalf, I am satisfied that the risk criteria under section 210E of the Criminal Procedure (Scotland) Act, 1995, are met.

"I am satisfied that the offences of which you were convicted form a pattern of behaviour such as to demonstrate an enduring propensity seriously to endanger the physical or psychological well-being of the public. An order for lifelong restriction is necessary and appropriate to protect the public – in particular, women with whom you might otherwise form relationships – from the very serious risk that you present.

"An Order for Lifelong Restriction is a sentence of imprisonment for an indeterminate period. I shall impose such an order cumulatively in respect of all of charges of which you were convicted.

"The law requires me to set a minimum term of imprisonment in respect of that order. That is the punishment part of your sentence and is the minimum period you must serve before the Parole Board for Scotland can, in the future, consider your case.

"Had the risk criteria for the imposition of an order for lifelong restriction not been met, the custodial term of the sentence I would have imposed – disregarding any element of public protection – would been of 12 years. The result, under the applicable legislation, is that the punishment part for the purposes of the order for lifelong restriction is 6 years – being one half of that period.

"I emphasise that this is no more than a minimum period that you must serve before the Parole Board can consider your case. It certainly does not signify that you are likely to be released at that stage or indeed ever. That, as I have said, will be for others to decide.

"The sentence of imprisonment will be backdated to 24 April 2024 when you were first remanded into custody.

"As a result of the sentence imposed you will be subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period. Your name has also been added to the list of persons deemed unsuitable to work with vulnerable groups.

"I also consider it appropriate to make non-harassment orders of indefinite duration in respect of each of the complainers named in the charges, prohibiting you from contacting or attempting to contact them by any means."

 2 October 2026