A sheriff suggested sentencing for thugs who attack police officers is more lenient than it used to be.
Sheriff Donald Ferguson told a court community-based punishments for police assailants are now the norm compared to previous policy.
He made the comment at Dundee Sheriff Court as he gave Allan Duncan a non-custodial sentence for police assault and stalking charges.
According to 1919 magazine, Sheriff Ferguson told Duncan: “There was a very high degree of violence and resistance shown to the police officers.
“In the past, that might have resulted in a custodial sentence.
“There should certainly be no repeat of this conduct.”
Another sheriff made similar comment in a case last year.
Sheriff Ferguson placed Duncan under social work supervision for 12 months and ordered him to attend the ‘Respect’ programme for domestic abusers.
Duncan was also placed under a curfew from 7pm to 7am each night for two months and a two-year non-harassment order was imposed.
Assault and stalking
Duncan, 56, of Lansdowne Court, Dundee, was found guilty after trial of attacking PC Mark Heggie by seizing hold of his head on August 16 2022.
He was also found guilty of resisting arrest by tensing his body and struggling violently with PC Heggie and his colleague PC Jade Colvin.
Duncan was convicted of acting in a threatening or abusive manner by acting aggressively and shouting at the officers, as well as threatening PC Colvin with violence.
He was found guilty of stalking a woman between July 29 and August 14 2022, by engaging in a course of conduct which caused her fear or alarm in Lawton Terrace, Dundee.
He repeatedly drove past her house, loitered outside and stared at her.
Previous convictions
Duncan has a number of previous convictions and was sent to prison for three months in 2002 for two breach of the peace offences.
He was jailed again the following year – for four months – for drunk and careless driving and other motoring offences.
In 2022, he was fined £300 for acting in a threatening or abusive manner by approaching his stalking victim when he had already been ordered to stay away from her.
Solicitor Mike Short, defending, said: “He is in denial from the point of view of who was at fault.
“I hope the court will give him the opportunity of supervision.
“He has to recognise he needs to take responsibility.
“He has been out of bother for many years and it is unfortunate what happened.”
Similar case last year
Last year, The Scottish Police Federation hit out after Connor Collins from Forfar was given a supervision order after breaking a police officer’s ankle in a struggle.
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.”
Then-chairman of the Scottish Police Federation David Hamilton said he could not understand how a case worth custody did not result in a jail term.
He called for more consistency in sentencing and revealed dozens of police officers contacted him about the case.
For the latest court cases across Tayside and Fife, join our Courts Facebook page.
