KEVIN FERGUSON SENTENCED FOR SEXUAL OFFENCES IN MONTROSE AND GLASGOW

At the High Court in Glasgow, a significant and disturbing case involving Kevin Ferguson was brought to a close with a severe sentence reflecting the gravity of his crimes. Ferguson, a resident of Montrose, pleaded guilty to multiple serious charges, including sexual assault, rape, and attempted rape, which led to his sentencing by Lord Arthurson.

During the hearing, Lord Arthurson detailed the heinous nature of Ferguson’s offences, which involved the repeated sexual abuse of young girls. The court heard that on 10 May 2024, Ferguson admitted guilt to charges concerning the repeated sexual assault of a young girl aged between 10 and 11, who was sitting in a car booster seat at the time. Additionally, he confessed to multiple instances of anal rape and, on one occasion, attempted vaginal rape of another young girl aged 12. The court noted that Ferguson was approximately 35 to 36 years old during the initial offences and 41 during the later incidents. Now aged 43, Ferguson’s criminal history is extensive, with 18 previous convictions and ten custodial sentences.

His record includes two High Court convictions for aggravated violence, a separate conviction at sheriff and jury level for similar violent offences, and another for domestic violence and aggravated offending. Notably, in 2012, Ferguson was convicted of a sexually aggravated assault. The court also clarified that a recent conviction from 28 May 2019 erroneously referenced a knife in one of the charges.

Multiple reports have been prepared to assess Ferguson’s risk to the public. A criminal justice social work report dated 18 June 2024 and a Tay Project assessment from 17 June 2024 were presented during an adjourned hearing on 21 June 2024. These reports painted a concerning picture, indicating Ferguson posed a high risk of causing serious harm if released and had demonstrated evidence of planning and creating opportunities to offend. The risk assessment highlighted a high likelihood of violence, with few protective factors to mitigate future risks. Consequently, the court issued a risk assessment order under section 210B of the Criminal Procedure (Scotland) Act 1995.

Further detailed evaluations, including a comprehensive risk assessment report dated 2 October 2024, were considered during the final hearing. This report, authored by an accredited risk assessor, concluded that Ferguson suffers from antisocial and psychopathic personality disorders, along with traits of borderline and narcissistic personality disorders. The assessor emphasized that no effective treatment or risk management plan could currently be devised to reduce his short- to medium-term risk of violence. The most probable scenarios involve Ferguson committing similar sexual offences or resorting to serious physical violence against adult males. The report also noted the absence of protective factors, highlighting Ferguson’s resistance to change and superficial acceptance of responsibility, with no empathy for his victims.

Additionally, a report from Professor MacPherson, a forensic clinical psychologist, dated 24 February 2025, reinforced these concerns. It described Ferguson as presenting a high risk of violence, including towards intimate partners, and confirmed diagnoses of antisocial and narcissistic personality disorders. The psychologist observed that Ferguson exhibits a wide range of traits associated with psychopathy.

Throughout the hearing, the court considered submissions from Ferguson’s legal representatives, who argued for an extended sentence. They acknowledged Ferguson’s early guilty pleas and discussed his criminal history, as well as the potential for engagement with treatment programs, as outlined in Professor MacPherson’s report. The court recognized that Ferguson’s current offending represented a significant escalation and a disturbing deviation from his prior criminal conduct. His predatory sexual offences against children, combined with breaches of trust and evidence of planning, marked these crimes as exceptionally grave.

Despite the severity of the offences and Ferguson’s criminal record, the court’s primary concern was whether he met the criteria for an order for lifelong restriction under section 210E of the 1995 Act. Based on the nature of his crimes, his criminal history, and the detailed risk assessments, the court concluded that Ferguson’s pattern of offending demonstrated a high likelihood of causing serious harm if released. The court determined that he poses a real threat to the physical and psychological well-being of the public, especially young girls and adult males.

Consequently, Ferguson was sentenced to an order for lifelong restriction, which is a form of indeterminate imprisonment. The court specified that he must serve a punishment period of five years before he can apply for parole, but emphasized that release is not guaranteed and will depend on the Parole Board’s assessment of ongoing risk. The sentence was backdated to 20 July 2023, the date of his initial remand.

Furthermore, Ferguson is now subject to indefinite notification requirements under the Sexual Offences Act 2003. The court also granted non-harassment orders for indefinite periods concerning the two complainants involved in the case, and issued a sexual harm prevention order under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, all effective immediately.

In conclusion, the court’s decision reflects the seriousness of Ferguson’s crimes and the high risk he poses to society. The measures imposed aim to protect the public from future harm, acknowledging the complex and dangerous profile of the offender from Montrose.