A MAN who sent sexual messages, voice messages and a video to a girl under the age of 16 has avoided jail - because a sheriff said the Crown tied his hands.

Samuel Mulholland, of Kirkwall Road, Greenock, appeared at Dumbarton Sheriff Court on Thursday for sentencing having previously pleaded guilty to two offences against the girl, who was over 13 but under 16.

The 37-year-old had sent verbal and written sexual communications between April 30 and May 11 this year from "an address within the jurisdiction of Dumbarton Sheriff Court and elsewhere". He also sent a video recording of him masturbating and did make arrangements to meet her and ask her to have sexual relations.

Defence solicitor Phil Lafferty admitted his client did not "appear to be taking full responsibility for the charges, the offending behaviour and does not appear to have presented himself with the utmost candour".

Sheriff William Gallacher interjected: "I consider the court is impeded by the decision to prosecute on summary."

It meant the maximum sentence he could impose would be eight months in prison, meaning Mulholland would be released after four and there would be no opportunity for supervision, something Sheriff Gallacher viewed was necessary.

He added: "It is almost incomprehensible the decision was taken to prosecute in this form."

Sheriff Gallacher sentenced Mulholland to three years under supervision, which would include specialist programmes, and 300 hours of unpaid work in the community within the next 12 months.

He said: "If you fail within an inch, you will come back before me and you will be sent to prison."

Mulholland will also be on the sex offenders register for the three years of the community payback order.