HMA v Andrew James Kinloch and James Quinn

At the High Court in Edinburgh on 25 May 2015, Lord Uist imposed Orders for Lifelong Restriction on prisoners Andrew Kinloch and James Quinn with punishment parts of two years seven months and three years four months respectively, after both accused pleaded guilty to assaulting and holding another inmate hostage.

On sentencing, Lord Uist made the following statement in court: 

You both pleaded guilty to having, on 12 June 2013 at Saughton Prison, assaulted another prisoner by placing an arm round his neck, repeatedly placing knives at his throat and body, uttering threats against him, abducting him, making demands for food, tobacco and an immediate transfer to another prison, confining him within a cell for about five hours, repeatedly refusing to release him unless your demands were met and detaining him against his will. 

At the material time both of you were cell mates in the prison and this incident amounted to taking another prisoner hostage in order to force the prison authorities to transfer each of you to other prisons. The weapons which each of you had consisted of razor blades melted into pieces of plastic. The incident caused disruption to the prison regime and negotiators had to be appointed to deal with you during it. Conduct of this sort in prison, whatever the reason for it may be, simply cannot be tolerated and must result in severe punishment for those who engage in it. It is essential that discipline and good order be maintained in prisons. 

Each of you had a lengthy criminal record before you committed this crime. In determining your sentences I have had regard to all the written material presented to me, which includes the two risk assessment reports, all the oral evidence which I heard and all that has been said on behalf of each of you in mitigation. I am satisfied that each of you has correctly been assessed as being at high risk to the safety of the public at large if at liberty.

I have reached the conclusion that the risk criteria are met and that I must therefore make an order for lifelong restriction in respect of each of you. That order constitutes a sentence of imprisonment for an indeterminate period. I will also require to fix a punishment part of the sentence for each of you, being the period which you must spend in full in custody before you can apply to the Parole Board for Scotland to be released on licence. You will be released only when it is considered to be no longer necessary for the protection of the public that you continue to be confined in prison. I now turn to deal with each of you separately. 

You, Andrew James Kinloch, are now 27 years old. You have an extensive criminal record dating from April 2006 and have received 12 custodial sentences. You have convictions for assault, breach of the peace, threatening behaviour and possession of an offensive weapon. When you committed this crime you were serving a sentence of 33 months imprisonment with a supervised release order of 12 months which was imposed on 11 February 2013.

On the assumption that you do suffer from adult attention deficit hyperactivity disorder which is susceptible to treatment, a matter upon which I have reached no firm conclusion in light of the evidence of Dr Crichton, that condition would not account for your resort to planned or instrumental violence. It is something which would affect your impulsivity and does not reduce your classification below high risk. Dr Cameron, your risk assessor, has today confirmed her assessment of you as remaining high risk in light of all the material on adult attention deficit hyperactivity disorder which has been drawn to her attention and I accept her evidence to that effect. If you do suffer from adult attention deficit hyperactivity disorder that is but one of your numerous risk factors, all as set out in paragraph 13 of her executive summary. If it turns out that you do benefit from treatment for adult attention hyperactivity disorder in prison that is something which will be taken into account by the Parole Board in deciding whether, and, if so, when, you should be released. 

Had you been convicted by a jury after trial I would have imposed a sentence of eight years imprisonment. As you pleaded guilty at an early stage that sentence would fall to be discounted to five years four months, thus entitling you to apply for release on licence after having served a period of two years seven months imprisonment. Accordingly, I make an order for lifelong restriction in respect of you with a punishment part of two years seven months, to run from 10 March 2014. 

You, James Quinn, are now 28 years old. You have an even worse criminal record dating from June 2003 and have received 15 custodial sentences. Your record includes crimes of violence and disorder, as well as possession of offensive weapons. You have two convictions for assault to severe injury, one of which also involved permanent disfigurement. 

Had you been convicted by a jury after trial I would, in view of your very bad record, have imposed a sentence of 10 years imprisonment. As you pleaded guilty at an early stage that sentence would fall to be discounted to six years eight months imprisonment, thus entitling you to apply for release on licence after having served a period of three years four months imprisonment. Accordingly, I make an order for lifelong restriction in respect of you with a punishment part of three years four months, to run from 12 January 2015.”

Sentencing Statements

HMA v Dennis Charles Cox

Tuesday, 18 February, 2020

HMA v Anthony Peter Allan

Tuesday, 18 February, 2020

HMA v Keith Russell

Friday, 14 February, 2020

HMA v Joseph Whyte

Friday, 14 February, 2020

HMA v Stephen Reed

Thursday, 13 February, 2020