HMA v ANDREW OLIVER KINGSLEY

Today at the High Court in Edinburgh Lord Pentland imposed an order for lifelong restriction on Andrew Kingsley after he pled guilty to a number of sexual offences.

On sentencing Lord Pentland made the following statement in court:

“Andrew Oliver Kingsley, you have pled guilty to a series of 31 offences amounting to a predatory campaign of sexual exploitation of children, extending between about 2007 and 2009. The worst aspect of this sustained criminality, in my view, was your devious manipulation and relentless pursuit of numerous adolescent boys (all but one of whom were under the age of legal consent) for the purposes of your own sexual gratification. You groomed your victims over the internet so as to develop abusive relationships with them. In some cases, the internet contact progressed to the stage of your meeting the victims in person and then physically abusing them. In many other cases, the abuse took place over the internet using webcams and by means of chat rooms. In relation to some of your victims, you clearly occupied a position of trust and authority, either as a teacher or in some other influential rôle. Many of your victims looked up to you and admired you, but you took advantage of their emotional and sexual immaturity for your own selfish purposes. I regard it as a seriously aggravating feature of the case that you took advantage of the positions you held in order to prey on children. What must be stressed is that your victims were indeed children and incapable of consenting to sexual activities; you well understood this, but you pressed your attentions on them regardless of their vulnerabilities.

It is clear from the information available to me that a number of your victims have suffered (and will continue to suffer) serious psychological trauma due to your abuse of them, extending to thoughts of suicide in some cases. Their families have also suffered great pain, distress and trauma on finding out about the abuse.

When the case first came before me, the Crown moved for a Risk Assessment Order to be made. I granted that application and, as a result, a comprehensive and detailed Risk Assessment Report has been prepared by a chartered forensic psychologist accredited by the Risk Management Authority. This concludes that you present a medium level of risk.

I now also have before me a detailed report prepared by a senior criminal justice social worker from Fife Council. Applying established risk assessment methodology; this concludes that you present a very high risk of sexual re-offending and a very high risk of causing further harm.

In considering what sentence to impose on you, I have taken account of all that has been said on your behalf in mitigation. You are a talented man, who could have put your abilities to good use. Regrettably, you chose instead to misuse them in order to abuse children.

Having given the whole case careful consideration and having taken full account of the views of the Risk Assessor and all the other information now available to me, I have come to the view that, on the balance of probabilities, the risk criteria laid down by statute are met in your case. The intensity of your offending, its duration and the level of planning and calculation involved all support this view. In my opinion, if you at liberty there is a likelihood that you will seriously endanger the well-being of members of the public at large.

I will, therefore, make an order for lifelong restriction in respect of you. This means that you will never be released from prison into the community, on licence, unless the Parole Board can be satisfied that public safety will not be endangered by such a course being taken. For the rest of your life, you will be subject to continuing risk assessment and close supervision. It will be a matter for others to decide, in due course, what the details of any licence conditions and supervision should entail.

The law requires me to set a minimum term of imprisonment which you must serve before the Parole Board can, in the future, be asked to consider your case. In the whole circumstances, I consider that you must serve a minimum period of 5 years imprisonment (reduced from 7 years and 6 months to take account of your guilty plea). I stress that this is only the minimum period of imprisonment, which I am by law required to specify at this stage.

The punishment part of the order for lifelong restriction will be backdated to 8 October 2010 when you first appeared in court in connection with the present offences.

So far as the individual charges are concerned, the cumulative custodial term will be 5 years (discounted, as I have said, from 7 years and 6 months) in respect of each of the various charges of contravening section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, namely charges 3, 4, 7, 9, 10, 13, 16, 17, 19, 22 and 23.

In respect of each of the various charges of contravening section 13 of the Criminal Law (Consolidation) (Scotland) Act 1995, namely charges 2, 5, 6, 8, 14, 15, 21 and 26, the cumulative custodial term will be 12 months imprisonment, reduced from 18 months to reflect your guilty pleas to those charges.

In respect of each of the various common law charges of lewd and libidinous practices, namely charges 1, 11, 18, 20 and 25, the cumulative custodial term will be 12 months imprisonment, reduced from 18 months to reflect your guilty pleas to those charges.

In respect of charge 12, an offence of contravening section 3 of the Sexual Offences (Amendment) Act 2000, the custodial term will be 16 months imprisonment, reduced from 2 years to reflect your guilty plea.

In respect of charge 24, an offence of obtaining access to internet images of a child by fraud, the custodial term will be 8 months imprisonment, reduced from 1 year to take account of your guilty plea.

In respect of charge 27, an offence of contravening section 52A(1) of the Civic Government (Scotland) Act 1982, as amended, the custodial term will  be 6 months imprisonment reduced from 9 months to reflect your guilty plea.

In respect of each of the various charges of contravening section 52(1)(a) of the Civic Government (Scotland) Act 1982, as amended, namely charges 28, 29, 30 and 31, the cumulative custodial term will be 8 months imprisonment, reduced from 12 months to take account of your guilty pleas to these charges.
Each of the custodial terms will run concurrently.

As I have already said, the result of these sentences is that you will require  to spend a minimum period of 5 years in prison before your possible release can be considered. You will not be released until the Parole Board can be satisfied that you do not present a danger to public safety.

In addition to these sentences, you must comply with the notification requirements under part 2 of the Sexual Offences Act 2003 for an indefinite period. The Clerk of Court will serve upon you a notice confirming those requirements.

Finally, I shall recommend to the Scottish Ministers that your name be added to the list of persons deemed unsuitable to work with children”.