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.

Once charges are spent, any statement in relation to them is removed and cannot be provided or acknowledged. Statements published before the launch of the website may be available on request. Please email judicialcomms@scotcourts.gov.uk.

The independence of the judiciary is essential to safeguard people’s rights under law - enabling judges to make decisions impartially based solely on evidence and law, without interference or influence from the government or politicians.

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 Tammy Kerr

Nov 10, 2026

At the High Court in Glasgow, Lord Harrower imposed a 16-month prison term on Tammy Kerr. The offender pled guilty to assault and behaving in a threatening or abusive manner at Kilmarnock Sheriff Court.

Lord Harrower made the following comments in court:

"Tammy Kerr, on 26 June 2026, while appearing on petition in respect of a charge of assault and robbery at Kilmarnock Sheriff Court, you spat at the procurator fiscal depute and then became aggressive, screaming and swearing as you were being led back to the cells. Fortunately, the depute was able narrowly to avoid your spittle, which landed on her papers, laptop and table.

While you were eventually convicted and sentenced in respect of the matter that had been the subject of the original petition, you now plead guilty under s76 procedure to further charges of assault and of behaving in a threatening or abusive manner contrary to section 38 of the Criminal Justice and Licensing (Scotland) Act 2010.

Spitting is an exceptionally degrading and vile form of assault, regardless of whether it connects with its intended victim. The procurator fiscal depute is an officer of the court, and all public servants and court officials deserve protection while carrying out their duties within the courthouse. Your continued aggressive behaviour while being taken down showed a total disregard for judicial authority.

I have taken account of everything said by counsel on your behalf. You are now 37 years’ old and over the last 20 years have acquired an unenviable record of previous convictions, many of which were for assault. I am persuaded that a significant custodial sentence is necessary in order to deter others and to protect officers of the court and court staff in carrying out their duties.

The sentence I shall impose in respect of both charges in cumulo will be one of 16 months’ imprisonment, reduced from 2 years to take account of the timing of your plea. That sentence will take effect on the expiry of all sentences previously imposed."

10 November 2026