ANGUS SEX OFFENDERS DARREN AND NATHAN MITCHELL SENTENCED FOLLOWING REPEATED OFFENCES

In April 2013, two Angus-based sex offenders, Darren and Nathan Mitchell, received significant custodial sentences following a series of crimes and breaches of court orders.

Nathan Mitchell, aged 20, who was already serving a two-year detention at the Young Offenders Institute Polmont for engaging in sexual acts with a child, appeared remotely from custody at Forfar Sheriff Court. The court was told that during a period of licence, Mitchell breached a court order by communicating with minors on a bus.

Mitchell was recalled from Polmont to face sentencing on an indictment alleging he violated a sexual prevention order issued in March the previous year. That order prohibited him from approaching or communicating with individuals under 16. Between October 11 and November 5, 2012, Mitchell approached and contacted four under-16 minors on a bus traveling between Edzell and Brechin.

Sheriff Kevin Veal described the situation as “very worrying,” noting that the prevention order was only made the year prior, and the children involved were “very vulnerable,” aged 12 and 13. Although there was no sexual misconduct during these interactions, Mitchell’s actions still breached the court order.

Sheriff Veal stated, “It’s worrying he’s been placed on an order as recently as March last year and within a short period he’s in direct contravention of the order.” He emphasized the importance of public confidence in these legal measures, adding, “It is important the public have confidence in these orders and when the public see these being breached so soon, we need to ensure the safety and security of the wider public.”

Mitchell was sentenced to two further years’ detention at the young offenders’ institute. The court noted there would be no reduction for his guilty plea, which was entered on the day of the trial after witnesses and jurors had already been called.

Defence solicitor Bob Bruce acknowledged that a non-custodial sentence was unlikely but stated that Mitchell recognized his actions were “foolhardy” and assured that “on his release he will not do anything like that again.” Mitchell had been on remand since November 27.

Sheriff Veal explained there would be no sentence discount because Mitchell’s guilty plea was made when approximately 60 jurors were present for jury selection on March 11.

Both Mitchell and his brother had prior convictions related to sexual activity with a 13-year-old girl on October 10, 2011. The twins had befriended her and then taken her to Nathan Mitchell’s home, where sexual acts occurred. For this offence, Nathan Mitchell received a two-year detention sentence.

At the time of the incident, Nathan was considered “low risk,” despite being on the sex offenders register and having only recently moved into his residence a week prior. He was subject to a 10-year sex offenders’ registration period. The Mitchell brothers previously received a three-year probation sentence in November 2008 for committing a sex act in front of children, which was due to expire shortly after their 2011 offence.

In March 2012, Darren and Nathan Mitchell were both jailed for the “lead role” in the assault on a vulnerable 13-year-old girl. Darren Mitchell, 19, was sentenced to 30 months in prison, with Sheriff Kevin Veal stating he played “the leading role” in the abuse. During the court proceedings, Darren told social workers that he “didn’t think it was wrong to have sex with a child,” highlighting his dangerous attitudes.

The victim was described as “very vulnerable,” having fled her home after a family argument and self-harming. She was lured by the twins to a house in Kirriemuir, Angus, where Darren engaged in sexual acts with her. Subsequently, Nathan entered and also had sex with her after claiming his brother was feeling “left out.”

Police were called at 1:15 am following the girl’s mother reporting her missing; officers found her hiding in a bedroom cupboard. She later admitted to having slept with both Mitchell brothers.

Sheriff Veal criticized Darren Mitchell’s lack of remorse and noted he had harmed the victim. “It is very worrying indeed that he expressed the view that he did not think it was wrong to have sex with a child,” he said. The sheriff described Darren as a “sexually deviant offender” who took advantage of the opportunity to groom and sexually abuse the girl. Darren was ordered to be under close supervision for 15 months following his release.

The defense requested that Darren receive the same sentence as Nathan, arguing that the girl had been a “willing participant.” Both twins were registered sex offenders at the time of their crimes. Their prior convictions included lewd acts in front of children and a 2010 restriction from visiting a library in Brechin after being caught exposing himself while watching pornography online. Darren also faced a probation term the previous year after being convicted of sexual activity with a 12-year-old in Arbroath.

Sheriff Veal noted it was “somewhat surprising” that Darren was initially classified as a low-risk sex offender but has since been reassessed as posing a “very high risk of sexual reconviction.” The court imposed a Sexual Offences Prevention Order on Darren Mitchell, restricting him from school grounds, playparks, and unsupervised contact with under-16s for five years post-release. Additionally, he was placed on the sex offenders’ register for 10 years.