Robert Niven

Robert Niven, a 48-year-old retired constable from Lothian and Borders Police, has been sentenced to six months in prison for possessing and downloading indecent images of children. The case came to light after authorities discovered more than 100 pornographic images on his home computer, leading to his appearance at Edinburgh Sheriff Court.

Niven pleaded guilty to downloading 113 indecent images between March and May 2001 at his residence in Oak Place, Mayfield, Dalkeith. The images were described by Sheriff Andrew Bell as 'a substantial number of photos of an extremely indecent and pornographic nature,' featuring pre-pubertal children, some engaging in sexual acts with other children and exposing their private parts.

In mitigation, Niven's lawyer, Ewen Roy, argued that his client had retired from the police force several years prior due to ill health, and the downloads occurred against a background of sexual dysfunction and depression. Roy claimed Niven acted out of curiosity, was not attracted to the images, and mistakenly believed the children had consented to their publication online. He further noted that only six or seven images were 'extremely hardcore,' and that Niven had since settled down with a new partner in July 2001.

Sheriff Bell rejected these arguments, emphasising the obvious underage nature of the subjects. Passing sentence on 14 May 2002, the sheriff highlighted the severity of the material. In addition to the six-month custodial sentence, Niven was placed on the sex offenders' register and had his computer confiscated. The case was handled under Scottish law, with proceedings at Edinburgh Sheriff Court.