Declan Gaitens

Introduction

Declan Gaitens is a 23-year-old Scottish man convicted by a unanimous jury verdict of engaging in a course of abusive behaviour towards his partner under section 1 of the Domestic Abuse (Scotland) Act 2018 — a course that included psychological, physical and sexual abuse of the most serious kind, from suffocation to rape. Sentencing him on 30 September 2026, the judge noted that despite his youth Gaitens had already acquired a lengthy record of previous convictions, many with domestic abuse aggravations, and imposed an extended sentence of eleven years: seven years’ imprisonment and a four-year extension period .

Background Information

The court applied the guideline on sentencing young people because of Gaitens’s age, observing that his sentence would be less than would ordinarily be imposed on an older person for a similar offence. His record in recent years included convictions at solemn level for assault to injury on two occasions and for assault and robbery. Using a variety of risk assessment tools, the social worker assessed him as presenting an above-average risk of reconviction for sexual offending, a well-above-average risk of reconviction for violent offending, and maximum risk of causing serious harm — highlighting in particular the risk he presents to women with whom he is in an intimate relationship .

The Controversy or Incident That Led to Their Cancellation

Convicted at trial of an abusive course against his partner — suffocation, kicks, a knife and rape; extended sentence of eleven years.

The jury’s unanimous verdict covered a course of conduct the judge described as including incidents of psychological, physical and sexual abuse of the most serious kind. Gaitens restricted his partner’s breathing by placing a pillow over her head, endangering her life; he kicked her on the head and body and struck her on the body with a knife. On one occasion he repeatedly demanded that she have sexual intercourse with him and, when she refused, raped her, leaving her feeling numb, disgusted and isolated .

The victim impact statement received by the court bore witness to the lasting impact of the physical and psychological harm he inflicted. The judge told Gaitens that only a significant custodial sentence was appropriate and that he should take advantage of whatever courses are made available in prison, but also that the ordinary licence period would be inadequate to protect the public from serious harm caused by him, making an extended sentence required .

Public Reaction and Consequences

The judge assessed the case under the sentencing guidelines with culpability and harm both high, telling Gaitens that only a significant custodial sentence was appropriate and that he should take advantage of whatever courses are made available in prison. Because Gaitens was “still only 23 years’ old”, the young-person guideline reduced the term below what an older offender with the same record would have received — a reduction the court paired with the warning that his offending has increased in seriousness in recent years. The victim impact statement received by the court bore witness to the lasting impact of the physical and psychological harm he inflicted, and the risk assessment highlighted in particular the danger he presents to women in intimate relationships .

The judge took account of everything said by Gaitens’s counsel, Mr Guarino, and of a psychological report submitted on his behalf. None of that displaced the extended sentence: seven years’ imprisonment, four years on licence, backdated to 24 April 2025, the agreed date from which his remand was exclusively attributable to the present offence. Gaitens will remain subject to the notification provisions of the Sexual Offences Act 2003 for an indefinite period .

Current Status

Gaitens is serving an extended sentence of eleven years imposed on 30 September 2026 following his jury conviction. During the four-year extension period he will be under licence and supervision in the community on conditions fixed by the Scottish Ministers; failure to comply may see the licence revoked and him returned to custody for a further period. An indefinite non-harassment order bars him from approaching, contacting or attempting to contact the complainer in any way, directly or indirectly .

Impact on Their Career/Life

By 23, Gaitens has moved from the children’s and sheriff courts to a High Court extended sentence, with the court’s published finding that he presents maximum risk of causing serious harm — specifically to intimate partners — now part of the permanent record. The eleven-year structure means that even on release he faces four further years under supervised licence, with recall to custody available for any failure to comply .

Sources

• “HMA v Declan Gaitens” — Judiciary of Scotland sentencing statement, 30 September 2026: source