Teenager threatened to rape staff member at children's home

A teenager who tormented staff at two children’s homes and subjected them to “sexually violent behaviour” has avoided having an order for lifelong restriction imposed on him.

Sheriff Linda Nicolson sent Jamie McQuoid, 19, to the high court for sentencing after she decided she lacked the appropriate powers to deal with him.

Sheriff Nicolson, who is based at Hamilton Sheriff Court, had heard evidence about how McQuoid engaged in behaviour described by one traumatised worker described as being “horrific”.

The court heard how he grabbed one woman by the neck at a residential unit in Lanarkshire and warned he would “rape” her if she screamed for help.

The deputy manager at that children’s home said McQuoid was “unpredictable and aggressive”.

Fiscal Rebecca Clark told a hearing at Hamilton Sheriff Court back in May: “McQuoid would kick, spit, slap, put him in choke hold and put a butter knife at his throat.

“The deputy manager said the comments were horrific and McQuoid’s behaviour became part of the normal working day.

“He felt tearful thinking about it.

“A female worker said staff became desensitised to his sexually violent behaviour.”

Staff often struggled to control McQuoid, who was six feet two and 18 stone.

One worker also suffered a head wound after he hit her.

McQuoid was later transferred to another Lanarkshire unit.

It was there that he then groped a female staff member and made inappropriate remarks.

McQuoid had pleaded guilty to a total of ten charges spanning between January 2022 and May 2023.

In October this year, Sheriff Linda Nicolson sent the case to the High Court where sentencing powers are tougher.

She believed that McQuoid could meet the criteria needed for an order for lifelong restriction – an effective life sentence in which an accused is only released from custody once the parole board is satisfied they no longer pose a threat to public safety.

On Wednesday, defence advocate Richard Goddard KC said the offences committed by his client did not fall into the criteria needed to impose an OLR. He said the legal tests needed to pass such an order had not been passed.

He also said that court appointed specialists who assessed McQuoid’s risk concluded that he could be rehabilitated.

Judge Lady Drummond decided to jail McQuoid for five years and also ordered him to be supervised by the authorities for four years and two months following his release from custody.

Passing sentence, Lady Drummond said: “In my view, I am not satisfied that the risk criteria has been made out.

“I am of the view that the public can be properly protected from you through the imposition of an extended sentence.”

At earlier proceedings, Mr Goddard had urged Lady Drummond to impose an extended sentence involving McQuoid being detained in custody and then supervised for a number of years on his release.

This would be as an alternative to the Order for Lifelong Restriction (OLR) – a form of life sentence for serious offenders.

Mr Goddard said: “He is now 18. The offending took place when he was 16 and 17. He has no previous convictions.”

But, Lady Drummond went on to state that she had decided to order a full risk assessment to be carried out on McQuoid to investigate the continued danger he may pose.

This could eventually see him hit with an OLR when he is finally sentenced.

On Wednesday, the court heard how McQuoid had been diagnosed with ADHD and had complex Post Traumatic Stress Disorder.

Mr Goddard said that although the offences were serious, prosecutors were correct to bring the case to the sheriff court and not the high court.

Speaking about his client’s early years, Mr Goddard said: “It was a wretched childhood.”

The lawyer also said his client was a first offender and had recognised his need to be rehabilitated.

He added: “He remains amenable to change and will take practical steps to address his issues.

“My submission is for the court to draw back from the imposition of an order for lifelong restriction.”

Lady Drummond agreed. She also told McQuoid, who observed proceedings via video link, that if he offended after his release from custody, he could be brought back to court and returned to prison.

She also placed McQuoid on the Sex Offenders Register for life.