NIGEL MARK CARTWRIGHT v. HER MAJESTY'S ADVOCATE

[1] On 8 January 2001, at a diet held under section 76 of the Criminal Procedure (Scotland) Act 1995, the appellant pled guilty as libelled to a charge in the following terms:

"on various occasions between 1 January 1980 and 9 March 1982, both dates inclusive, at Kilquhanity House School, Castle Douglas and elsewhere in Scotland you did conduct yourself in a shameless and indecent manner towards M.J.D., born 10 March 1966, she being then over the age of thirteen years, but under the age of sixteen years of age, handle her breasts and private parts, kiss her private parts, place your private member in her mouth and have unlawful sexual intercourse with said M.J.D."

The diet was adjourned until 26 January 2001 and then to a diet in Perth on 9 February 2001. The sentencing judge, Lord Hardie, having considered the available reports and having heard defence counsel in mitigation sentenced the appellant to six years imprisonment, backdated to 26 January 2001.

[4] The report fully explains the approach of the sentencing judge and we refer to it for its terms. He accepted that the appellant represented a low risk of future sexual offending. The report concludes in the following terms:

[7] The court invited counsel to make submissions in relation to the possible bearing on the appeal of the terms of section 5(3) of the Criminal Law (Consolidation)(Scotland) Act 1995 as amended in 1997, and to the terms of the statutory predecessors of that provision. Counsel sought and obtained an adjournment to add to his submissions.