Response from Crown Office & Procurator Fiscal Service (COPFS)
22 FEB 2019 —
On the 4th of February, i registered a complaint regarding this decision to COPFS. I have had another disappointing response. Here is what they had to say –
“Thank you for your email received by COPFS on 4 February 2019. You have expressed concerns at the sentence imposed in relation to a criminal case.
The case against Christopher Daniel was prosecuted at Dumbarton Sheriff Court and after listening to the evidence in the case the Sheriff granted an absolute discharge to the accused Christopher Daniel.
The sentencing decision in any particular case is entirely a matter for the Sheriff, who has heard the case and who is accordingly aware of all the facts and circumstances which are relevant in deciding on the appropriate disposal. An absolute discharge was a legally available sentence in this case.
The Crown may appeal a sentence on the ground that it was unduly lenient. This is a high test.
I can confirm that, once the reasons for the Sheriff’s decision became available, the decision of the Sheriff in this case was considered carefully by senior prosecutors who were satisfied, in the particular circumstances of this case, that the high test required to maintain a Crown appeal was not met.
I hope that you find the information within the response to be of assistance. “
So essentially, because “Senior Prosecutors” thought this was a suitable decision made by the sheriff, they cannot appeal. WHY is an absolute discharge legally available in any case regarding child sexual abuse? Legislation needs to change. This should never be an option for Sheriffs and is the reason this has happened in this case.
Please feel free to contact COPFS at Complaints@copfs.gsi.gov.uk regarding this case. Register your own complaint.
I have emailed Hamza Yousaf once again after having no response from him since our Twitter interaction. If we do need to change legislation, then he needs to be the one to help us. Here is his contact info – https://www.humzayousaf.org/contact
I also contacted the Scottish Criminal Cases Review Commission whom Sheriff Gerald Sinclair is chief executive. There is something so hilariously ironic about that. No shock that i have had no response. Here is the email to contact them – email@example.com. Feel free to email them regarding this also. Make as much noise as possible.
Again, thank you all so much for the constant support. We have just under 40,000 signatures at this point. Amazing! Please continue to share with your friends, family, colleagues, person sitting next to you on the bus. I will keep you all updated.
If you want to contact me, you can email me at firstname.lastname@example.org. I’d like to hear if any of you have had any response to your emails or complaints!
OUTRAGEOUS! “Review on the decision made by court Christopher Daniel despite being found guilty of paedophilia” 15 Feb. 2019
Christopher Daniel has been found guilty of molesting a 6 year old girl over a period of 2 years until the girl was 8 years old. However, the court decided not to prosecute. This will not show on his record and he will not be placed on the Sex Offenders Register. He will not serve jail time. He will continue to live his life as normal, despite a guilty charge.
The reason they gave – they do not expect him to reoffend and would see this is a hit to his career as a dentist, of which he is currently a student. He is a respectable young man from a good background. The court said “Any conviction would have serious consequences in terms of the accused future career. On the authorities, this was also a relevant factor in deciding how to deal with the case. Any sentence would would mean that he would probably be unable to continue with his university course.” Our system is putting criminals careers before our childrens welfare. What kind of world do we live in that this is seen as an acceptable decision by the court? This girl has been abused, molested and dragged through the court system for nothing. Her mother has already stated that the court proceedings were distressing to her and were all for nothing.
This man is walking our streets, studying at our universities and will go into a career with constant contact with children. Something has to be done. We need a review of this by the court immediately. We need our universities to take a stand. Do we allow these people to study in our universities? Does the British Dental Association want people like this registered as dentists in Britain? Would you be happy sending your children into his dentist chair?
Men cannot continue to get away with these crimes and for the victims to be treated in this way. This is wrong. This decision is wrong. This sets an example for other sexual offenders and for sexual assault victims of what can happen if they come forward. This is happening here, in our country and in our city. This is real. This is our legal system which is supposed to protect us and our children. This girl was 6 years old. She does not have a voice. We have to do it for her. Something needs to be done, and it needs to be done now.
I am calling for Scotland’s Justice Secretary, Humza Yousaf to explain this. This is NOT justice. No one in their right mind would think it is. The Sheriff Gerald Sinclair and anyone who made this decision should be prosecuted along side him. Sheriff Gerald Sinclair needs to step down from his role immediately. Stop arguing with other MP’s on Twitter and make a change. Change this.
Please, feel free to contact our Justice Secretary about this. The more people who contact him the more likely we are to get a response and see a change. Here is the link to all of the ways you can contact him.
Links to the Scotlands Judiciary which gives details of the case;
Links to news articles regarding this case;
UPDATE 15 Feb.:
The Crown Office will not appeal a sheriff’s decision