Repeat Fife sex offender avoids prison despite ‘high risk of harm’ to community

A Fife repeat sex offender has avoided prison despite posing a “high risk of harm” to the community.

Mark Lacy appeared for sentencing after earlier pleading to attempting to communicate indecently with a child.

The 45-year-old believed he was speaking online to a youngster called ‘Chloe’ but was in fact talking to an adult pretending to be a child.

He made sexual remarks and sent explicit messages via an online social media application to the decoy.

The offending took place between June 14 and July 10 2022.

‘Higher than average risk’ or harm

Defence lawyer Martin McGuire said Lacy, of Kirkcaldy, has one previous conviction for possessing indecent images which led to an offender supervision order.

The solicitor said it was the view of a social work report author his client – in Kirkcaldy Sheriff Court in a wheelchair – was given an opportunity ten years ago and there is no prospect of further supervision.

But he said a court order could reduce the risk Lacy poses in terms of monitoring electronic devices.

Mr McGuire said Lacy does present with “higher than average risk” which stems from traumatic childhood experiences and the consequences of the physical disability he received from overdose and brain injury.

Mr McGuire argued if Lacy were to be jailed he would likely lose his specially-adapted accommodation and his health and welfare would be the responsibility of prison authorities.

The lawyer said that upon release, it would fall to the council to find suitable accommodation for Lacy and he would then be subject to license conditions as a registered sex offender.

The lawyer said a custodial sentence for Lacy’s offence would not be classed as long term, adding: “The period of time held in custody would be relatively short but would have a very significant impact”.

The solicitor suggested instead imposing a supervision order with very strict conditions, including a possible complete prohibition of internet enabled devices.

‘Complications’

Sheriff Steven Borthwick told Lacy his conduct was “reprehensible” and highlighted reports by a social worker and forensic clinical psychologist before stating it is “clear you pose high risk of harm”.

The sheriff said he took into account Lacy’s guilty plea and “certain complications” in his care due to his medical situation.

Sheriff Borthwick said: “What’s most clear is significant work needs to be done to minimise risk of harm you pose to the community”.

The sheriff sentenced Lacy to three years of offender supervision as a direct alternative to custody.

Conditions of this will include undertaking offence focused work relating to sexual offending, not communicating with any child under 18 without supervisor approval and not entering parks or playgrounds where children are likely to be.

Lacy was also put on the Sex Offenders Register for three years.

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