SENTENCING STATEMENTS

On sentencing, Sheriff Hughes said: 

"Mr Kennedy, you pled guilty to charge two on this indictment namely a contravention of Section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005. This is an offence of attempting to meet a person you believed to be a female girl aged 14, with the intention of engaging, during or after the meeting, in unlawful sexual activity involving said person or in the presence of said person.  I note the said person was in fact an adult decoy.

In recovered chat messages you suggested to the believed child that she should travel to Glasgow to meet you. An examination of your phone revealed that you had researched the cost of travelling from Yorkshire to Glasgow. You stated to the believed child “it will cost £31 one way to Glasgow from you”.

You stated that you wished to see her naked and that you wished the two of you to engage in sexual activity. In your communications with the believed child, she told you that she was 14 years of age and still at school. This offence is a serious one.

Of great concern to the court is that you have a High Court conviction in 2013, for four sexual offences (one of which is directly analogous) which resulted in an extensive custodial sentence. 

Examining the release details attached to your previous convictions, you were released from custody on 12 June 2023.  You have confirmed to the court today that you had indeed been in custody for approximately ten years before the said release date. In just under a year from that release, you committed this analogous sexual offence in June 2024.

In considering the appropriate sentence in this case I have had regard to the two criminal justice social work reports dated 28 March 2025 and 30 April 2025. I have also considered carefully the plea in mitigation presented on your behalf. 

The reports state that you overcame internal barriers and began considering how to overcome external barriers by researching transport options to bring the believed female child to your location.  Social work state that your offending is motivated by deviant sexual interests and that you demonstrated little remorse for your behaviour. There is evidence of planning and there were multiple opportunities for you to reconsider your behaviour, but you chose to disregard this. Social work further state that you admitted to being sexually attracted to older female children and that no amount of intervention is likely to change this.

Mr Kennedy, because of the gravity of the crime which you have committed, and having considered your previous convictions and the said reports, a custodial sentence is the only appropriate disposal in your case. I note that you have been in custody for this matter since 6 June 2024.

EXTENDED SENTENCE:

In terms of section 210A of the Criminal Procedure Scotland Act 1995, I am satisfied that the statutory test for imposing an extended sentence is met. I am satisfied that the period for which you would otherwise have been on licence would not be adequate to protect the public from serious harm from you when you are eventually released.                                                                                                                                                                            

For that reason, I am going to pass on you an extended sentence of 60 months (five years) which is in two parts:

(a)The first part of the sentence is an immediate period in custody.

If you had not pleaded guilty, this would have been for a period of 40 months. However, because you’re your plea of guilty, I will apply a discount of 4 months to this period, which means that the custodial term will be 36 months.

This custodial term will be backdated to 6 June 2024.

But this immediate period in custody is not the end of your sentence.

(b)The second part of your sentence will be served in the community. From the date of your release, you will be under licence for an extension period of 24 months. The conditions of your licence will be fixed by the Scottish Ministers.

f during this extension period, you fail to comply with the conditions of your licence, it may be revoked; and you may be returned to custody for a further period in respect of this case.  The court also has the power to deal with you if you commit another offence after your release and while you are on licence.

By way of explanation, it is not appropriate to apply any discount to the extension period as this relates to supervision and its purpose is for public protection.

SEXUAL HARM PREVENTION ORDER:

As part of the overall disposal of this case, I have considered carefully the appropriateness of making a Sexual Harm Prevention Order. Such an order is a preventative order intended to protect the public from sexual harm.

I recognise the test for making a Sexual Harm Prevention Order is contained within section 11 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. The court requires to be satisfied that the making of such an order is NECESSARY for the purposes of:

(a)   protecting the public, or any particular person, from sexual harm from the person; or

(b)  protecting children or vulnerable adults generally, or a particular child or vulnerable adult, from sexual harm from the person outside the UK.

A Sexual Harm Prevention Order prohibits the person, against whom it is made, from doing, or requires the person to do, a thing or things described in the order.  As stated earlier this must meet the ‘necessity test’. 

Having carefully considered and reflected upon everything presented to me, I have concluded that it is appropriate and necessary to make a Sexual Harm Prevention Order in this case.

The making of this Order is specifically aimed to protect the public from the sexual harmful behaviour of the accused.

The requirements and prohibitions of this Order shall be in the following terms:

(i)  The offender is prohibited from having, or attempting to have, any contact or communication of any kind whatsoever, with any female person under the age of 16 years save for incidental or unavoidable contact;

(ii) The offender is prohibited from associating with any person he knows, or reasonably ought to know, who is subject to the Notification Requirements in terms of Part 2 of the Sexual Offences Act 2003, without the prior permission of an officer of the sex offender policing unit responsible for his management in terms of the that act;

(iii) The offender is required to inform an officer of the sex offender policing unit for managing him in terms of the Sexual Offences Act 2003 of any electronic devices he owns, uses or possesses, capable of accessing the internet or communicating electronic messages;

(iv)The offender is required to permit and facilitate the installation and maintenance of remote monitoring software on any such devices by the police force responsible for managing him in terms of the Sexual Offences Act 2003;

(v)The offender is required to permit the inspection of any such devices on request of the police officer, including but not limited to, the provision of any usernames, passwords, or other necessary information, in order to enable them to do so;

(vi)The offender is prohibited from deleting the internet browsing history of, or other records of calls, texts, messages or emails, or any other communications, on any devices owned, possessed, or used by him, without the permission of an officer of the Sex Offender policing until, responsible for managing him, in terms of the Sexual Offences Act 2003;

(vii)The offender is prohibited from downloading, installing, activating or using any software, or service designed to, or which has the effect of (i) preventing logs of access internet, web pages, records of calls, text messages, emails or other communications being preserved; (ii) deleting the history of access internet pages or other records of calls, text messages, emails or other communications, or (iii) otherwise concealing specific internet web pages access, other records of calls, text messages, emails or other communications on such devices that are owned, possessed or used by him;

(viii)The offender is required to advise an officer of sex offending policing unit responsible for monitoring him, in terms of the Sexual Offences Act 2003, of any relationship, association, or acquaintance he has or entered into with an adult female; and

(ix)The offender is prohibited from undertaking any employment whether paid or voluntary without the prior approval of an officer of the sex offender policing unit responsible for his management in terms of the Sex Offences Act 2003.

You will be subject to a Sexual Harm Prevention Order for a period of five years.

APPLICATION OF NOTIFICATION REQUIREMENTS:

Section 18 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 provides that a person subject to a Sexual Harm Prevention Order will become subject to the Sex Offender Notification Requirements of Part 2 of the Sexual Offences Act 2003. 

Those monitoring you will advise you of the period of said Notification Requirement. 

It is my understanding however that this period is for an indefinite period in light of the length of the extended sentence imposed by the court today.

REFERRAL TO SCOTTISH MINISTERS:

The court refers this case to Scottish Ministers for them to consider whether you should be listed in the Children’s List (namely unsuitable to work with children, i.e. persons under 18 years old) or in the Adult’s List (namely unsuitable to work with protected adults) or in both Lists.

I direct this Referral to Scottish Ministers to be recorded by the clerk in the Record of Proceedings.