This item was published during the term of a previous administration that ended in April 2007
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Protection of children from sex offenders
02/07/2004
Potential sex offenders could be banned from contacting
children or loitering near schools and childcare centres
under new legislation proposed today.
The Protection of Children and Prevention of Sexual
Offences(Scotland) Bill will allow chief constables to
apply to the sheriff court for a Risk of Sexual Harm Order
to restrict the activities of individuals suspected of
being a danger to children - even if they have not been
convicted of an offence.
Other key proposals in the new legislation, aimed at
strengthening the protection of Scotlands children,
include:
* Earlier intervention to restrict the movements of
convicted sex offenders. At present Sexual Offences
Prevention Orders can only be made by the courts, at the
request of a chief constable, if the offenders behaviour
after conviction continues to present public risk. The new
legislation proposes that the sentencing judge should be
able to impose these orders when sentencing an offender
based on the cases evidence - without the need for evidence
of further behaviour post conviction and a subsequent chief
constables application.
* Strengthening the law on sexual grooming - which can
already be prosecuted under existing Scots law - by making
this a specific offence.
Justice Minister Cathy Jamieson said:
"Child sex abuse is one of the most evil, despicable
crimes in society today. It can leave emotional and
physical scars that last a life time and it is vital that
we do all we can to support the police, courts and other
organisations in tackling this problem.
"This Executive is already taking steps to improve the
protection of children through a three-year programme of
reform. Today I am announcing further measures which will
supplement that work by tightening up the law in the way in
which it deals with convicted or suspected child sex
offenders.
"There must be no safe havens for sex offenders in
Scotland. If we can add to our existing armoury of measures
to protect children, then we must do so. Our new proposals
will help keep our children safe and well, while punishing
those individuals who try to prey on them."
The consultation on the
Protection of Children from Sexual Harm and Prevention
of Sexual Offences (Scotland) Bill was launched today and
will run for three months.
The four categories of behaviour that can trigger a Risk
of Sexual Harm Order (RSHO) are:
* engaging in sexual activity involving or in the
presence of a child
* causing a child to watch a person engaging in sexual
activity - including still or moving images
* giving a child anything that relates to sexual
activity
* and communicating with a child where any part of the
communication is sexual.
An order can be imposed on individuals who have not been
convicted of an offence - due to lack of proof or
corroboration - if a chief constable considers that this is
necessary to protect children. The RSHO will apply for a
minimum of two years and will set out specific activities
that the person in question must not do.
A Sexual Offences Prevention Order is an order placed on
a person who has been convicted of a sexual offence. The
orders apply for a minimum of five years and, like RSHOs,
specify activities that the person concerned must not
do.
Grooming is the use of contact with a child to
facilitate the commission of a sexual offence against that
child.
At present there are a number of statutory and common
law offences that might be committed during the course of
grooming behaviour:
* Fraud
* Offences under the Communications Act (2003)
* Offences under the Civic Government (Scotland) Act
* Lewd and libidinous practices
* Breach of the peace.
5. The proposed new offence in relation grooming will be
committed by an adult where all the following elements are
present:
* an adult who is 18 or over, travels to meet, or
actually meets, with a child who is 16 or younger;
* the adult intends to commit a sexual offence against
the child - evidence for this might be from materials
brought by the adult such as condoms or the nature of
previous communications on the part of the adult;
* the adult has communicated with the child on at least
two occasions beforehand;
* the adult does not reasonably believe that the child
is 16 or older.
This offence would carry a maximum penalty of 10 years
imprisonment.