SENTENCING STATEMENTS

On sentencing, Sheriff Gallagher said:

"Mr Warren, you have pled guilty to three charges under the Sexual Offences (Scotland) Act 2009. The behaviour libelled in these charges occurred in a workplace context over a significant period of time starting in 2016 and ending in 2023. Over that time, it appears your behaviour escalated from making sexual remarks to slapping a co-worker on her buttocks with a ruler.

In sentencing you, I have had regard to the level of culpability you have, the level of harm you have caused as well as all that has been said on your behalf.  I have also considered the criminal justice social work report together with the character references provided on your behalf.

Culpability

In assessing culpability, the court requires to assess the blameworthiness of the offender at the time of committing the offence. You have suggested to the social worker who prepared the Criminal Justice Social Work for this court that your conduct has been born out of your experience in the forces at a time when society was different. That view is reflected in the character references provided on your behalf. This in my view does not excuse your behaviour. Whilst you may not have intended to cause harm you were reckless as to the impact of your behaviour. You would be aware, or at the very least should be, of the impact of your behaviour on others. I consider that you are highly culpable for your behaviour.

Harm

In reading the Criminal Justice Social Work report I detected that you have sought to minimise and downplay your behaviour. You use the word ‘banter’ to describe the remarks you have been convicted of making. Sexual remarks in the workplace are not ‘banter’. It is not ‘funny’. They can result in real and lasting impacts on a woman’s wellbeing and performance. It can make both a complainer and a bystander feel uncomfortable, objectified and in some cases unsafe. Workplaces are meant to be inclusive and respectful environments where everyone is treated with dignity and respect. It is not harmless. Your conduct is unacceptable in any environment but especially a work environment. There were multiple complainers and you left them feeling distressed, uncomfortable and fearful to be alone with you. You caused psychological harm to the complainers. If it were not for their courage in coming forward your behaviour would have been allowed to continue unchecked.

Aggravating and Mitigating Circumstances

You are a man of 64 years of age who has never come to the attention of the courts before now. You have been assessed as a low risk of reoffending. You have shown some remorse in relation to your behaviour. However, your behaviour was persistent over a number of years and on occasion you behaved in the way complained of when the complainers were alone leaving them feeling vulnerable.

Sentence

This behaviour is such that it crosses the custodial threshold. However, I consider that these mitigating factors, in particular your age and absence of prior convictions, are such that I can dispose of this matter by way of a community disposal. I am proposing to impose a Community Payback Order upon you today as a cumulo sentence for all three charges. A Community Payback Order is a punishment that requires you to pay back to the community for the offences that you have committed. I am satisfied that the offences are serious enough to warrant my imposition of this Order.

The Order which I am imposing will include a requirement to comply with supervision for a period of 12 month. During this period you must attend appointments with your responsible officer at the place and times instructed. Whilst the social work report does not detect any areas of criminogenic need to be addressed through supervision, I consider that there is. The purpose of supervision is to promote your rehabilitation and your continuing good behaviour

As a punishment and to express society’s disapproval of your behaviour I consider it necessary to impose a period of unpaid work of 180 hours, this period has been discounted in view of your timing of your plea from 200 hours. This work will be carried out under the instruction of your responsible officer who will be a member of the Criminal Justice Social Department, that is a social worker with whom you must stay in touch. They are responsible for allocating you to the work that you will undertake which must be completed under their supervision and in a satisfactory manner. You must report to this social worker as required. This work must be completed within a period of 12 months from today’s date.

If you fail to comply with any requirement you will be reported to this court and be dealt with for that failure. You must understand all options will be open. If it is proved that you failed to comply without reasonable excuse with the terms of any requirement, the court can, as one option, revoke the order and sentence you to imprisonment. If your circumstances change while the order is in force, you or your supervising officer will be entitled to apply to the court to have the order varied, revoked or discharged.  The Clerk will provide you with a copy of the Order in court.

Sexual Offenders Notification Requirements

When you pled guilty, the court certified that the notification requirements of the Sexual Offences Act 2003 apply in your case. As a result of the sentence now imposed, you are subject to those requirements for a period of one year."