The chairman of the Scottish Police Federation has called for more consistency in sentencing after a man was given a supervision order after breaking a police officer’s ankle.
David Hamilton revealed dozens of police officers reached out after Forfar man Connor Collins was given a non-custodial sentence this week.
He tweeted: “This animal should have been caged”.
During a struggle, PC John Annand’s ankle was broken so severely his foot was left facing in the wrong direction and he required emergency surgery.
Dundee Sheriff Court heard Collins – who had earlier threatened to break the officer’s leg – landed on it during the confrontation.
The constable’s confidence had been badly dented by the incident in Forfar and he had been off work for months as a result.
However, a sheriff decided against imprisoning Collins after being told he had expressed remorse and insight into the consequences of his actions.
Sheriff Alistair Carmichael said: “This behaviour was entirely inappropriate, as you know.
“It merits a custodial sentence but I have to look at other options.
“An officer broke his ankle in the course of this but I accept that wasn’t your intention.
“I view the threats you made towards them to be as bad as the physical contact.”
Collins was placed under supervision for two years and ordered to carry out 180 hours of unpaid work.
He was also placed on a curfew for six months
Police Federation anger
Scottish Police Federation chairman David Hamilton has called for more consistency in following sentencing guidance.
He tweeted: “I just cant square the sheriff’s comments of saying that Collins deserved a custodial sentence with him then not being given one.
“Is this the protection that Police Officers can expect from the court? Or is it Government that is preventing appropriate sentencing?
“Whatever the case, this animal should have been caged.”
Is this the protection that Police Officers can expect from the court? Or is it Government that is preventing appropriate sentencing? Whatever the case, this animal should have been caged.
— David Hamilton (@DvdHmltn) January 31, 2022
Speaking to The Courier, Mr Hamilton said: “Police officers got in touch with me in their dozens that night as soon as it was posted.
“We’ve got to be careful criticising sheriffs as they have information we don’t have.
“It’s a stand-out, by definition – it stands out as being pretty poor.
“There’s been a lot of work with the justice system that these types of assaults are being dealt with.
“It is an outlier. There may be reasons for it.”
Mr Hamilton said he suspects the decision was made following sentencing guidance which recommends avoiding short prison sentences where possible but is not convinced that guidance was designed for cases like this.
“I’m not sure this is the sort of thing people are talking about.
“There was clearly concern for occupants they were trying to protect.
“His division has been very supportive.
“We will look and see what we can take from this.”
Mr Hamilton pointed out that elsewhere – noting Perth in particular – sterner sentences are being issued.
“There is another issue – why are we getting this level of inconsistency?
“There are some fairly robust sentences.
“Why are we getting this? Is there a lack of clarity in the guidance?”
‘Unique factors’
A Judicial Office for Scotland spokesperson said: “When deciding a sentence, sheriffs must consider the facts that are presented to the court by the prosecution and by the defence.
“Sheriffs must take into account the unique factors of each case based upon what is presented in court.
“Sheriffs carefully consider the circumstances of the particular offence as presented; the circumstances of the offender and the impact on the victim.
“Sheriffs must also have regard to the Scottish Sentencing Council guideline on the principles and purposes of sentencing.”
