SENTENCING STATEMENTS

A judge may decide to publish a statement after passing sentence on an offender in cases where there is particular public interest; where a case has legal significance; or where providing the reasons for the decision might assist public understanding.

Please note that statements may include graphic details of offences when it is necessary to fully explain the reasons behind a sentencing decision.

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When deciding a sentence, a judge must deal with the offence that the offender has been convicted of, taking into account the unique circumstances of each particular case. The judge will carefully consider the facts that are presented to the Court by both the prosecution and by the defence.

For more information about how judges decide sentences; what sentences are available; and matters such as temporary release, see the independent Scottish Sentencing Council website .

Read more about victims of crime and sentencing.

HMA v Declan Gaitens

Sep 30, 2026

At the High Court in Edinburgh, Lord Harrower imposed an extended sentence of 11 years on Declan Gaitens. The sentence includes a 7-year period of imprisonment and a further 4 years on licence in the community. The offender had been convicted of a charge under the Domestic Abuse (Scotland) Act 2018. Gaitens has also been added to the sex offenders register and issued with a non-harassment order.

On sentencing, His Lordship made the following comments in court:

"Declan Gaitens, by the unanimous verdict of the jury, you have been found guilty of a charge of engaging in a course of abusive behaviour towards your partner, contrary to section 1 of the Domestic Abuse (Scotland) Act 2018.

I am required to assess the seriousness of your offending by reference to culpability and harm, while taking into account the relevant sentencing guidelines. Since you are still only 23 years’ old, this includes the guideline on sentencing young people. I have also taken account of your relative youth at the time the offending took place. As a result, the sentence I will impose today will be less than would ordinarily be imposed on an older person for a similar offence.

So far as culpability is concerned, the course of abusive behaviour in which you were engaged included incidents of psychological, physical and sexual abuse of the most serious kind. They included restricting your partner’s breathing by placing a pillow over her head, endangering her life, kicking her on the head and body, and striking her on the body with a knife. On one occasion, you repeatedly demanded that she had sexual intercourse with you, and when she refused, you raped her, leaving her feeling numb, disgusted and isolated. The victim impact statement I have received bears witness to the lasting impact of the physical and psychological harm you inflicted on the complainer.

Notwithstanding your youth, you have managed to acquire a lengthy record of previous convictions, many of which have domestic abuse aggravations. In recent years your offending has increased in seriousness, and includes convictions at solemn level for assault to injury (twice) and assault and robbery.

Using a variety of risk assessment tools, the social worker has assessed you as presenting with an above average risk of reconviction for sexual offending, a well above average risk of reconviction for violent offending, and with maximum risk of causing serious harm. She has highlighted in particular the risk that you present to women with whom you are in an intimate relationship.

I have taken account of everything said by Mr Guarino, and in the psychological report submitted on your behalf. It is clear that only a significant custodial sentence is appropriate in your case, and you should take advantage of whatever courses will be made available to you in prison. However, I am also satisfied that the ordinary licence period will be inadequate to protect the public from serious harm caused by you, and that an extended sentence is required.

That sentence will be in two parts. The first part of the sentence is the period of imprisonment. The second part is the extension part when you will be on licence and under supervision in the community. When you are serving the extended period in the community, you will be subject to licence conditions fixed by the Scottish Ministers. If during the 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 indictment.

I sentence you to an extended sentence of 11 years comprising a period of imprisonment of 7 years and an extension period of 4 years. The sentence will be backdated to 24 April 2025, the date when it has been agreed your being remanded was exclusively attributable to the present offence.

You will remain subject to the notification provisions of the Sexual Offences Act 2003 for an indefinite period as that term is defined in the legislation.

I also make a non-harassment order, in terms of which you will not approach, contact, or attempt to approach or contact, in any way whatsoever, and either directly or indirectly, the complainer named in the charge on the indictment, that order to subsist for an indefinite period."

30 September 2026