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Angus sex offender sentenced to two years’ detention

Twin brothers Darren and Nathan Mitchell at Forfar Sheriff Court in 2008
Twin brothers Darren and Nathan Mitchell at Forfar Sheriff Court in 2008

An Angus sex offender who has committed a string of offences by the age of 20 has been sentenced to a further two years’ detention.

Nathan Mitchell, who was already serving a two-year sentence at the Young Offenders Institute Polmont for having sex with a child, appeared from custody at Forfar Sheriff Court.

During a period of licence, the court heard Mitchell broke a court order by communicating with minors on a bus.

Mitchell was recalled from Polmont for sentencing over an indictment alleging a breach of a sexual prevention order made in March last year.

The order for breach of sexual prevention order, made on March 1 last year, banned Mitchell from approaching or communicating with under-16s.

Between October 11 and November 5 last year on board a bus travelling between Edzell and Brechin, Mitchell approached and had contact with four minors under 16.

Sheriff Kevin Veal said it was “very worrying” as the prevention order was only made last year and the children involved were “very vulnerable” 12 and 13-year-olds.

He added although there was nothing sexual in his communication, he should not have been speaking to them.

“It’s worrying he’s been placed on an order as recently as March last year and within a short period he’s in direct contravention of the order,” he said.

“It is important the public have confidence in these orders and when the public see these being breached so soon we need to ensure the safety and security of the wider public.”

He imposed a further two years in the young offenders’ institute, adding that there would be no discount for Mitchell’s guilty plea as it only came on the day of the trial once the witnesses and jurors had already been called.

Defence agent Bob Bruce said he conceded that a non-custodial disposal was not likely but said his client knew his actions were “foolhardy” and “on his release he will not do anything like that again”.

Mitchell had been on remand since November 27.

Sheriff Veal said there would be no discount in sentence, due to the fact a guilty plea was tendered “when as many as 60 jurors were in the court for selection” on the morning of March 11.

Mitchell and his brother were previously convicted of having sex with a 13-year-old girl on October 10 2011. The twins had befriended the girl before taking her back to Nathan Mitchell’s home for sex on October 10.

Sheriff Veal had sentenced Nathan Mitchell to two years’ detention for the offence.

Nathan Mitchell had been considered a “low risk” in the lead up to the incident, despite being on the sex offenders register, and had only been resident at the address for six days after moving out of his family home.

He was placed on the sex offenders register for 10 years. The Mitchells were handed three years’ probation in November 2008 for committing a sex act in front of children.

That sentence was due to expire the month after they had sex with the child.