This item was published during the term of a previous administration that ended in April 2007
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Stronger protection for Scotland's children
02/06/2005
New legislation to improve the protection of children
from sexual predators - including those who groom
youngsters on the internet - has been passed by the
Scottish Parliament today.
The Protection of Children and Prevention of Sexual
Offences (Scotland) Bill, introduced to Parliament by the
Executive in October 2004, will:
- Allow chief constables to apply to the sheriff
court for a Risk of Sexual Harm Order to restrict the
activities of individuals believed to pose a risk of
sexual harm to children, even if they have not been
convicted
- Strengthen the law by creating a specific offence
to deal with those who groom children for the purposes
of carrying out unlawful sexual activity
- Extend existing laws relating to those who seek to
make and distribute indecent images of children and
young people
- Introduce new offences to deal with those who
purchase sexual services from under 18s and for those
who encourage, control and arrange such services
- Enable a sentencing judge to impose a Sexual
Offences Prevention Order to restrict the movements of
sex offenders upon conviction, without the need - as at
present - for further evidence of threatening behaviour
post conviction and a chief constable's
application
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 new legislation - part of a series of measures we
are taking to tighten controls around sex offenders, will
help us further improve the protection of our children from
those who seek to harm them. For example, it will allow
chief constables to apply to the sheriff court for a Risk
of Sexual Harm Order to restrict the activities of
individuals who are believed to pose a risk of sexual harm
to children - even if they have not been convicted. It will
also tighten the law in relation to grooming by making this
a specific offence.
"We are also taking the opportunity to strengthen the
protection given to young people of 16 and 17. We aim to
prevent them from being abused through prostitution,
pornography and other forms of sexual exploitation. We have
made it an offence to purchase such services and also to
arrange or control youngsters involved in these
businesses.
"Together with our child protection reforms, the review
of the operation of the sex offenders' registration scheme,
and the provisions in the Management of Offenders Bill,
this legislation will help us ensure that there is no safe
haven for sex offenders in Scotland."
The four categories of behaviour that can trigger a Risk
of Sexual Harm Order (RSHO) are:
- engaging in a 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
- 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 if a chief constable considers that
this is necessary to protect children. The RHSO will apply
for a minimum of two years and will set out specific
activities that the person in question must not do.
The new provisions in relation to 16 and 17 year olds
will criminalise the possession, making and distribution of
indecent pictures of all people under 18. The provisions
will however allow a defence to the charge if:
- the picture is of a 16 or 17 year old
- the 16 or 17 year old consents to the picture being
made and/or possessed
- the picture is not distributed
- the accused person and the 16 or 17 year old are
married, civil partners or in an established
relationship
The Bill relies on the existing definition of an
indecent picture, as established by the courts, of a
picture that tends to corrupt or deprave the viewer.
The new provisions will also criminalise those who
purchase sexual services from 16 and 17 year olds. These
sexual services might include prostitution or sex-chat
lines. The precise activities to be included will be for a
court to decide. The definition of sexual services in the
bill refers to any activity that a reasonable person
believes to be sexual or for the purposes of sexual
gratification. The new law will also deal with those who
facilitate or arrange the provision of such services by
under 18s.
A Sexual Offence Prevention Order (SOPO) is an order
placed on a person who has been convicted of crimes with a
sexual/violent element. For example a person might be
charged with and convicted of a serious assault in
circumstances where the court took the view that the motive
for the assault was sexual. The orders apply for a minimum
of five years and require offenders to register under the
Sexual Offences Act 2003. Like RSHOs, SOPOs 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
The proposed new offence in relation grooming will be
committed by a person where all the following elements are
present:
- A person who travels to meet, or actually meets,
with a child who is 16 or younger, or arranges for the
child to travel to the meeting
- The person intends to carry out unlawful sexual
activity against the child - evidence for this might be
from materials brought by the person such as condoms or
the nature of previous communications on the part of
the adult
- The person has communicated with the child on at
least one previous occasion beforehand
- The person does not reasonably believe that the
child is 16 or older
- This offence would carry a maximum penalty of 10
years' imprisonment