HMA v ALAN GEORGE JEFFREY

At the High Court in Edinburgh Lord Pentland imposed a probation order on Alan Jeffrey after he pled guilty to sexually related offences.

On sentencing Lord Pentland made the following statement in court:

“Alan George Jeffrey, it is clear that the circumstances of the present case are wholly exceptional and I have given them very close consideration. The gravity of the indictment brought against you has been very substantially reduced and the Crown has accepted a plea of not guilty to the charge of rape. Had you faced only the charges to which you pled guilty, the case would certainly not have been prosecuted in the High Court. Indeed it seems unlikely that there would have been a criminal prosecution at all since the view taken by the relevant authorities at the time was that matters had been adequately addressed within the framework of social services. 

I must also take account of the fact that at the time of these offences, a considerable number of years ago, you were still a child and that your background and upbringing had been extremely difficult and deprived. You had no positive role models and were subject to the unfortunate influence of an older cousin.

It is also important to note that since these offences were committed you have not been involved in any further sexual offending.

The detailed and comprehensive criminal justice social work report assesses you as presenting no significant risk of committing sexual offences. It strongly recommends the making of a probation order for reasons which are, in my judgement, entirely convincing.

In the whole circumstances, I am satisfied that the public interest would be adequately served by the imposition of a probation order.  This will be for a period of 2 years and 9 months and will be subject to the detailed conditions set out in the report.  Had you not pled guilty, the probation order would have been for a period of 3 years”.

 

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