MARK LACY FROM KIRKCALDY ESCAPES PRISON DESPITE HIGH COMMUNITY RISK

In a recent case heard at Kirkcaldy Sheriff Court, Mark Lacy, a known repeat sex offender from Kirkcaldy, narrowly avoided imprisonment despite being classified as posing a 'high risk of harm' to the local community. The court proceedings centered around Lacy’s plea to charges related to attempting to communicate indecently with a minor through online means.

Between June 14 and July 10, 2022, Lacy engaged in online conversations with what he believed was a young girl named ‘Chloe’. In reality, he was communicating with an adult who was pretending to be a child, acting as a decoy. During these interactions, Lacy made sexually explicit remarks and sent graphic messages via a social media application, actions that significantly alarmed authorities and social workers involved in his case.

Defense attorney Martin McGuire addressed the court, emphasizing Lacy’s background and current circumstances. He pointed out that Lacy, who is 45 years old and uses a wheelchair, has a prior conviction for possessing indecent images, which previously resulted in an offender supervision order. McGuire explained that a social work report indicated Lacy had been given an opportunity for rehabilitation ten years ago, and there was no current plan for further supervision. However, he suggested that imposing a court order could help mitigate the risks associated with Lacy’s online activities by monitoring his electronic devices more closely.

McGuire acknowledged that Lacy presents a “higher than average risk” of reoffending, a concern rooted in traumatic childhood experiences and the physical disabilities he sustained from an overdose and subsequent brain injury. He argued that if Lacy were to be incarcerated, he would likely lose his specially adapted accommodation, which is crucial for his health and welfare. The lawyer highlighted that upon release, the responsibility for finding suitable housing would fall to the local council, and Lacy would be subject to license conditions as a registered sex offender.

He further contended that a custodial sentence would not be long-term, suggesting that the period of detention would be relatively brief but could have severe consequences for Lacy’s well-being. Instead, McGuire proposed a supervision order with stringent conditions, including a possible ban on internet-enabled devices, to better control and monitor his behavior.

Sheriff Steven Borthwick addressed Lacy directly, condemning his conduct as “reprehensible” and referencing reports from both a social worker and a forensic clinical psychologist. The sheriff emphasized that it was “clear you pose a high risk of harm” and acknowledged the complexities arising from Lacy’s medical condition. Despite these factors, Sheriff Borthwick stressed the importance of taking significant steps to reduce the risk Lacy posed to the community.

Ultimately, the court sentenced Lacy to three years of offender supervision as an alternative to imprisonment. The conditions attached to this supervision include participation in offence-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 present. Additionally, Lacy was placed on the Sex Offenders Register for a period of three years, marking a cautious approach aimed at balancing community safety with his individual circumstances.