This item was published during the term of a previous administration that ended in April 2007
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Bill seeks to fight fear of crime
27/03/2002
Measures to improve public safety and reduce the fear of
crime are central to the Executive's wide-ranging Criminal
Justice Bill which is published today.
Justice Minister Jim Wallace told the Parliament that
the legislation is intended, among other things, to enhance
public protection with particular emphasis on protecting
the more vulnerable in society, especially women and
children.
Some of the key proposals in the Bill are:
- A package of measures for the treatment and
management of high risk offenders including a new
sentence - An Order for Lifelong Restriction - for the
life time control of these offenders, risk management
plans for offenders who present a high and continuing
risk to the public and the creation of a Risk
Management Authority to improve the protection of the
public
- Measures to strengthen victims' rights in the
criminal justice system including the legislative base
to pilot a victim statement scheme
- Intensive supervision and surveillance of offenders
using electronic monitoring technology
- Substantial increases in the maximum sentences for
possession and distribution of child pornography
- Protecting the victims of stalking by creating a
specific power of arrest where a Non-Harassment Order
is breached
- Strengthened criminal record checks for those
working with children and vulnerable adults.
Protecting children from excessive physical
punishment - A new interim Anti-Social Behaviour Order to
provide more immediate protection form unacceptable
behaviour
Mr Wallace said:
"Tackling crime and protecting the public lie at the
heart of the Executive's key priorities. The Criminal
Justice Bill delivers on our commitment to introduce
comprehensive legislation to enhance public safety for all
and particularly protect the more vulnerable in society
such as women and children.
"We will more than double the maximum sentences for
those who deal in child pornography. We will introduce
strengthened criminal record checks for those working with
children and vulnerable adults.
"We will clarify the law to make it clear that hitting
children with implements or striking toddlers is simply
unacceptable. The wrong we are seeking to right is the lack
of clarity in the existing law, which leads to parents not
having a clear idea of what the law would regard as
excessive physical punishment.
"Let me be clear, we will
not be creating a new offence. We will
not be introducing new penalties. If the physical
punishment of a child is deemed to be excessive by a court
of law then it is assault. That will not change. Ordinary
parents need not fear being criminalised.
"Opinion polls show that if parents can be assured that
they will not be prosecuted for trivial smacks then they
overwhelmingly support our policies of banning the use of
implements and banning smacking for the youngest children.
We have no intention of creating any new enforcement
mechanism, any more than we pry into homes to check
compliance with many other laws.
"It is also worth stressing the independent role of the
Procurator Fiscal. They must decide whether a prosecution
would be in the public interest in every case .
"I am absolutely committed to the principle that there
is an age below which it is wrong to strike a child. I will
listen to the views of others - and in particular the
Parliament - on this matter.
"We have long recognised the need for positive action to
improve public protection and reduce the fear of violent
crime. We made it one of our key commitments. Today we are
taking another step towards delivering on that commitment
by strengthening police powers to tackle stalkers. To
protect communities from unacceptable behaviour we are
bringing in a new court order to provide faster protection
for individuals and families from anti-social
behaviour.
"We are also introducing a package of far reaching
measures to deal with the small but dangerous group of high
risk sexual and violent offenders.
"The Executive has given the police funding to recruit
to record officer numbers and detection rates for crime are
at their highest level since the War. We will not apologise
for a criminal justice system which is tougher on those who
harass, exploit and attack the vulnerable in our
society."
The Criminal Justice Bill also includes measures to
improve the efficiency of the justice system and keep the
law in Scotland up to date. These are increased powers for
Drug Courts, increased use of Restriction of Liberty Orders
(electronic tagging), imposition of consecutive sentences,
modernising the law on certain sexual offences, updating
the law in relation to fingerprint evidence, allowing
police to retain DNA and fingerprints given voluntarily,
enhanced powers for police support staff, and
television links between courts and prisons.
Mr Wallace added:
"One of our key priorities must be freeing up police and
prison officers so they have more time to use their skills
in protecting the public. We will therefore give extra
powers to civilian support staff employed by the police as
turnkeys, prisoner escorts and court security officers,
releasing more officers for front-line tasks while
retaining high levels of security.
"Following the reforms to the Crown Office we recently
announced , and our ongoing reviews of the High Court and
summary justice, these measures once again show our
determination to create a more effective and efficient
criminal justice system, better able to serve the
public."
The measures included in the Criminal Justice Bill were
included in two white papers published by the Scottish
Executive last year: the
Violent and Sexual Offenders White Paper and
Making Scotland Safer: Improving the Criminal Justice
System.
Subject to Parliamentary approval, the Criminal Justice
Bill is expected to become law in early 2003.