Two Lothian men have escaped a custodial sentence after admitting to possessing indecent images of children.
James McGuigan, 39, was found to have downloaded 42 still pictures depicting the sexual abuse of children aged between seven and 15-years-old when police raided his home in June last year.
Edinburgh Sheriff Court heard several devices were seized during the search of the property and officers discovered 14 Category A pictures – the most depraved – nine at Category B and a further 19 at Category C stored on a mobile phone.
McGuigan, of Prestonpans, East Lothian, pleaded guilty to the offending at a court hearing last month and returned to the dock for sentencing yesterday.
Defence agent James Stewart said his client claimed to have accessed the material unintentionally and has “shown remorse and taken responsibility” for his offending.
Mr Stewart asked the court to follow the recommendation in the criminal justice social work report to impose a direct alternative to custody.
In sentencing, Sheriff Graeme Watson said: “These are serious offences and you plead guilty to under section 76 to taking or permitting to be taken of indecent images and having in your possession indecent images.
“These are serious offences with real victims. Seeking out the material drives the market for producing these and if you did receive this material unintentionally you failed for report it.”
The sheriff said the offences had met the custody threshold but could deal with the matter by way of a direct alternative to a custodial sentence.
McGuigan was placed under the supervision of the social work department for two years and told to complete 150 hours of unpaid work.
He also had his name added to the sex offenders register for two years and given a conduct requirement with several elements including internet access restrictions.
McGuigan pleaded guilty to offences of possessing and to making, or permitting to be taken, indecent photos of children at his home address between January 19, 2022 and October 28, 2024.
Meanwhile Ian Butterworth of Bonnyrigg, Midlothian, was also caught with indecent pictures and videos of children when police raided his home in September 2020.
The capital court was told the images showed female victims aged between four and 16-years-old engaging in sexual posing, carrying out solo sex acts and penetrative activity.
The court heard a cyber crime analysis of the 53-year-old’s mobile phone uncovered 1,298 still images with 487 rated at Category A along with 384 at Category B and 427 at Category C.
The phone also held eight child abuse videos including two at Category A.
Butterworth pleaded guilty to two charges of possessing indecent images of children and allowing pictures to be taken, all between March 5 and September 8, 2020.
He was sentenced yesterday where solicitor Colin Severin, defending, said his client had not offended since 2020 and the majority of the images were “pseudo-photographs” which did not feature real children.
Sheriff Graeme Watson said: “These are serious offences with real live victims. Possessing images like this drives the trade of making them.
“I understand that many were pseudo-photographs but that remains very serious.”
The sheriff acknowledged Butterworth has sought help for his offending and said he could impose a direct alternative to a custodial sentence.
Butterworth was placed on a social work supervision order for two years and ordered to carry out 250 hours of unpaid work in the community.
He was also placed on the sex offenders register for two years and handed a conduct requirement that limits his internet use and bans him from having contact with anyone under 18.
Sheriff Watson added: “Be in no doubt that if you breach this order the very high likelihood is you will be going to jail, do you understand that?”
