Court / Community payback order for indecent photos charge

A MAN from Lerwick has been given a community payback order for possessing indecent photographs of children.

David Bruce, 65, previously admitted having 29 category C images of young girls on a mobile device after a random search by police on 3 October 2024.

Lerwick Sheriff Court previously heard how Bruce was jailed in February 2023 for possessing indecent images and was given a prison sentence in 2018 for similar offences.

His case called at the court on Wednesday where he was placed under supervision and a conduct requirement restricting his use of the internet, while a curfew and notification requirements were also imposed.

The court previously heard how police officers from the sexual offender’s unit searched Bruce’s home in Norgaet in late 2024 and found two devices which they believed contained indecent material.

These devices were then taken away and examined further by specialist teams.

One device was found to contain 29 category C still images – the least severe type of photos – which were initially inaccessible to police. These featured girls between the ages of 10 and 15.

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As well as this, there were a further 31 “borderline images”, procurator fiscal Duncan Mackenzie had told Lerwick Sheriff Court at an earlier hearing.

The court had heard how on the other device seized, more borderline images were discovered along with a search history consistent with the material found.

Mackenzie admitted that the number of images found was “low” but also pointed to Bruce’s previous convictions.

Speaking previously in court, defence agent Tommy Allan said it would be a concern that this was Bruce’s third conviction for similar offences.

But he also pointed to the low number of images found and said that these were also all in the lowest category of indecent images.

At the court on Wednesday, Allan said it was clear the latest offence was a serious one but said there had been no further offending reported since.

The solicitor said Bruce’s offending had seemed to tail off, and “hopefully has now tailed off to zero, and he doesn’t trouble the court again”.

He said since the offence Bruce has stopped drinking, adding that alcohol was a factor in the commission of the offence.

Allan also said his client undertakes important caring activity of his elderly mother, arguing that a spell in custody would negatively affect these arrangements.

Sheriff Ian Cruickshank said he had to balance the seriousness of the charge and Bruce’s previous convictions with the lower category of images and that the offending was restricted to one day.

He imposed a community payback order as a direct alternative to a custodial sentence.

This included supervision for two years and a conduct requirement for 18 months in which Bruce must refrain from using any device to access the internet other than when authorised by a supervising officer.

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He also must allow a supervising officer access to any mobile device on request.

Bruce was also given a restriction of liberty order where he must stay inside his home between 8.30pm and 7am daily for six months.

He was also made subject to notification requirements under the sex offenders register for 18 months.

Forfeiture of two devices seized was previously granted.