MARK LACY FROM KIRKCALDY ESCAPES PRISON DESPITE HIGH COMMUNITY RISK

A repeat sex offender from Kirkcaldy has managed to avoid incarceration despite being classified as posing a 'high risk of harm' to the local community. Mark Lacy, aged 45, appeared before the court for sentencing after previously admitting to attempting to communicate indecently with a minor. The incident involved Lacy believing he was engaging with a young girl named ‘Chloe’ through an online social media platform, only to discover he was conversing with an adult who was pretending to be a child.

Between June 14 and July 10, 2022, Lacy engaged in inappropriate and sexual messaging, sending explicit content and making sexual remarks to the decoy. The court heard that his actions demonstrated a significant threat to community safety, yet he was spared from immediate imprisonment.

During the proceedings, defence lawyer Martin McGuire highlighted Lacy’s prior conviction for possessing indecent images, which previously resulted in an offender supervision order. The lawyer explained that a social work report indicated Lacy, who was present in court in a wheelchair, had been given an opportunity for rehabilitation ten years ago. McGuire emphasized that there was no current prospect of further supervision, but suggested that a court order could help mitigate the risks associated with Lacy’s electronic device usage.

McGuire also pointed out that Lacy presents a 'higher than average risk' due to traumatic childhood experiences and the physical disabilities he suffers from, which resulted from an overdose and subsequent brain injury. He argued that if Lacy were to be imprisoned, he would likely lose his specially adapted accommodation, and his health and welfare would be at the mercy of prison authorities. Upon release, it would be the responsibility of the local council to find suitable housing, and Lacy would be subject to license conditions as a registered sex offender.

Furthermore, the lawyer contended that a custodial sentence for Lacy’s offence would not be long-term. He stated, “The period of time held in custody would be relatively short but would have a very significant impact,” suggesting that supervision with strict conditions, including a possible ban on internet-enabled devices, would be a more appropriate response.

Sheriff Steven Borthwick addressed Lacy directly, condemning his conduct as “reprehensible,” and referencing reports from a social worker and a forensic clinical psychologist. The sheriff emphasized that it was “clear you pose high risk of harm,” and acknowledged the medical complications affecting Lacy’s care. He noted that while Lacy’s guilty plea and health issues were taken into account, significant efforts are necessary to reduce the risk he poses to the community.

In light of these considerations, Sheriff Borthwick sentenced Lacy to three years of offender supervision as an alternative to immediate custody. The conditions attached to this supervision include participation in offense-specific programs related to sexual offending, a prohibition on communicating with any child under 18 without prior approval from a supervisor, and restrictions on entering parks or playgrounds where children are likely to be present. Additionally, Lacy was placed on the Sex Offenders Register for a period of three years.