HMA v SCOTT KERR.

At the High Court in Edinburgh Lady Stacey imposed an extended sentence of 15 years on Scott Kerr after he pled guilty to rape and sexual assault in December 2011. The sentence is composed of a custodial period of 10 years followed by a period of 5 years on supervision.

On sentencing Lady Stacey made the following statement in court:

“You have pled guilty to two very serious offences. I have already placed you on the sex offenders register. What you did that night will have a lasting effect on two women who did nothing wrong. They were simply walking home when you chose to attack them, one after the other.  The CCTV evidence which I saw showed part of what you did and of course your actions were very frightening for the women involved.

The social work reports which have been prepared for me indicate that there is potential for you to commit serious harm and on one assessment the outcome is that there is a high risk of your reoffending. Recommendations are made that you require to engage fully in addressing your behaviour and I note that you have told the social worker that you will do so. I note that you have on remand completed a course on alcohol awareness. It is plain that excessive drinking does not excuse your behaviour and does not offer an explanation for it either. You do have a conviction for driving when over the limit which shows that you have abused alcohol in the past. In this case however you cannot put your actions down to drink. When you are released from prison you will be assessed and put under supervision in a sex offender programme.

I have listened carefully to all that Mr Anthony has ably said on your behalf. I have also read the references provided and I should say that I am grateful to members of the public for taking the time to write to me.  It seems that your actions are a shocking surprise to your family, your friends, and your school teachers.

You have the benefit of a good supportive family, and you have been in a good job. However you have shown by your behaviour that you are a danger to women.

You pled guilty at the earliest opportunity thereby avoiding the need for a trial in which the women you attacked would have given evidence. You were seen on CCTV and I accept that you, assisted by your friend, acted responsibly by attending the police station voluntarily stating that it was you shown in the pictures. I have therefore, as provided for by law, allowed a discount in the custodial portion of the sentence I am about to impose.

I take the view that an extended sentence is necessary for the purpose of protecting the public from serious harm. That means that after release from custody you will be subject to an extended period during which you will be supervised and will require to conform to such conditions as thought appropriate by the social work assessment that will be carried out. You will be liable to be returned to prison in the event of committing any further offence.

The total sentence is one of 15 years, in which the custodial term is 10 years, backdated to 26 December 2011, discounted from 15 and the extended part is 5 years”.