HMA v Paul McFayden 2019Mr McFadyen has had his appeal against a Sheriff’s decision to place him on the sex offender register refused. The appellant was found guilty of a statutory breach of the peace against two teenage girls but argued that the offence did not have a “significant sexual aspect” therefore he should not have been placed on the Sex Offenders Register. The appeal was placed before the High Court in Edinburgh where it was heard that the charge including enticing and following teenage girls. The appellant was acquitted of a charged of assault on one of the teenagers.
The Sheriff after the trial asked both agents for the Crown and defence to give submissions on whether there was a significant sexual element to see if this case would fit the test for the notification requirements of the Sexual Offences Act 2003. The Sheriff agreed with the Crown that there was a significant sexual element to the offences that the appellant was convicted of. The matter firstly went before the Sheriff Appeal court and was dismissed before being remitted to the High Court. Leave to appeal to the High Court was granted on the basis that there was not enough notice in the libel that the crown considered there to be a significant sexual element to the offence and therefore there was “no adequate notice” of this.