HMA v Brian Charles Mackenzie

At the High Court in Edinburgh on 4 March 2016, Lord Uist imposed an order for lifelong restriction on Brian Mackenzie with a punishment part of seven years after the accused was found guilty of rape and sexual assault charges.

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

“Brian Charles Mackenzie, you were convicted by the jury of 12 charges involving physical and sexual violence against six females, as well as a charge of breaching special bail conditions. Two of your victims were children aged eight and ten. The appalling nature of your crimes is self-evident from the terms of the charges of which you were convicted.

You are now 40 years old. You have a criminal record dating from 1992, albeit not for sexual or violent offences, and have been sentenced to imprisonment on many occasions.

You have a complex and severe personality disorder. It is clear that you are callous and have no concern for your victims.

Two accredited risk assessors have assessed you as posing a high risk to the safety of the public at large. I am in no doubt that you are a serious danger to females.

I am satisfied, on the basis of the offences of which you have been convicted and the risk assessment reports on you which I have received, that the risk criteria are met in your case. I therefore make an order for lifelong restriction in respect of you on all charges of which you were convicted, except charge 38, on which you are admonished. That order constitutes a sentence of imprisonment for an indeterminate period.

I must also fix the punishment part of your sentence, which is the period which you must spend in full in prison before you can apply to the Parole Board for Scotland to be released on licence. I consider that the appropriate period under section 2A(1)(a) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 is 14 years, which, in terms of section 2B of that Act, results in a punishment part of seven years.

You must not assume that you will automatically be released at the end of that period: you will be released only when it is considered no longer necessary for the protection of the public that you continue to be confined in prison.

Your sentence will run from 20 June 2014.

As a result of that sentence you now become subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.”