In 2016, the Offender Database reported that Derek Smith, then 48, of Anstruther, Fife, was sentenced to four years and two months in prison. On Wednesday, 15 June 2016, Smith, a church member with a history of sexual offending, was sentenced at Perth Sheriff Court for the “vile” abuse of two children over a ten-year period.
The investigation established that Smith targeted a ten-year-old boy and a 12-year-old girl, carrying out “vicious” lewd acts and indecent assaults. The prosecution reported that the abuse took place in Perth, Dunfermline, and Leven, Fife, between 2000 and 2010. Smith, who had been introduced to the children through a church group, forced his victims to “vilely” relive their ordeals by giving evidence during a trial after he refused to admit his guilt.
Judicial Findings and Investigative Detail
Sheriff Fiona Tait emphasised that Smith had “misled the court” by feigning illness in a “despicable” attempt to disrupt the trial proceedings. The court reported that Smith was found guilty of contempt of court for this behaviour, resulting in an additional 28-day concurrent sentence. The prosecution emphasised that the defendant had “viciously” used his position within a church group to gain access to the vulnerable children.
The judge emphasised that, given Smith’s previous convictions for sexual offences, she had no option but to impose a custodial sentence. In mitigation, John McLaughlin, defending, emphasised that his client was “vulnerable” and described him as “slightly odd.” However, the judge emphasised that the “reprehensible” nature of the prolonged abuse necessitated an 18-month extended sentence to follow his release from prison. For his crimes in Fife and Perthshire, the court determined that Smith required lifelong monitoring.
Sentence and Statutory Requirements
For his crimes in Scotland, Derek Smith was handed:
- Custodial Sentence: Four years and two months in immediate custody.
- Extended Sentence: An 18-month period of extended supervision following his release.
- Contempt of Court: A 28-day concurrent jail sentence for feigning illness.
- Sex Offenders Register: Notification requirements are in effect for life.
- Convictions: Found guilty of indecently assaulting a boy and a girl.
Monitoring and Public Protection
Smith is managed under Multi-Agency Public Protection Arrangements (MAPPA) by Fthe ife Division of Police Scotland and the prison estate. Due to his “vile” history of repeat offending and his “vicious” exploitation of church connections, his management is under the highest level of scrutiny by the Public Protection Unit.
As a lifetime member of the Sex Offenders Register, Smith must comply with mandatory notification requirements regarding his future residence in Anstruther, Fife. Authorities state that his “vile” attempts to manipulate the judicial process justify the “serious” nature of his extended sentence. Any breach of his registration conditions, his extended sentence terms, or his licence requirements will result in his immediate arrest and return to Perth Sheriff Court.
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