This item was published during the term of a previous administration that ended in April 2007
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Management of Offenders Bill
16/06/2005
Measures aiming to tackle Scotland's high re-offending
rates which currently see six out of 10 offenders being
reconvicted within two years of their prison release were
set out in Parliament today.
All Scotland's criminal justice agencies must act to
challenge and address Scotland's cycle of repeat offending,
Justice Minister Cathy Jamieson warned today during the
Stage One debate on the Management of Offenders Bill.
The key proposals in the Bill include:
- Placing a statutory duty on local authorities, the
Scottish Prison Service and others involved to work
together in local partnerships to develop and implement
local plans to manage offenders and reduce
re-offending.
- Establishing new Community Justice Authorities,
bringing local authorities together for improved
consistency and quality of services.
- Requiring the police, local authorities and SPS to
establish joint arrangements for assessing and managing
the risk posed by sex offenders.
- Establishing a Home Detention Curfew scheme to
allow certain low risk prisoners nearing the end of
their sentences to serve the remainder of their term in
the community, subject to an electronically monitored
curfew.
- Giving the courts wider jurisdiction to take action
against those who fail to comply with the terms of the
sex offenders' registration scheme.
- Enabling the Criminal Injuries Compensation
Authority to recover funds paid to victims of crime,
from the perpetrators.
Cathy Jamieson said:
"We must all act to address the cycle of repeat
offending that not only impacts on the lives of offenders
and their families, but every community in Scotland. There
no quick fix - but with one of the highest imprisonment
rates in the EU - and a prison population that is
continuing to rise - we must recognise that simply sending
more offenders to prison for short periods of time is not
the answer.
"All parts of the criminal justice system must work
together more effectively to improve the integration of
services for offenders, and ensure they don't fall through
the gaps in services - and use this as an excuse for
re-offending. That's why we are placing a statutory duty on
local authorities and SPS to work together to deliver
integrated services for managing offenders. And will also
require them and the police to establish joint arrangements
for assessing and managing the risk posted by sex
offenders.
"In recognition of the public's genuine concerns about
sex offenders, the Bill will also give the courts greater
powers to take action against those who fail to comply with
the terms of the sex offenders' registration scheme, for
example by failing to register their address or change of
address.
"Taken together I believe the broad-ranging measures in
the Bill - backed by this Executive's commitment to get to
grips with Scotland's re-offending problem, will help us
create a safer stronger Scotland. And build a justice
system that protects the public and punishes criminals,
while offering a second chance to those who are willing to
change their ways."
The key objective of the Bill is to improve the
management of offenders - in prison and in the community.
It takes forward many of the proposals to tackle
re-offending set out in the Executive's Criminal Justice
Plan, published in December 2004.
The Bill proposes bringing local councils together into
new Community Justice Authorities (CJAs) to ensure criminal
justice social work services are as joined-up as possible -
the Executive is currently consulting on the number and
structure of CJAs.
CJAs would in the future receive the community component
of criminal justice funding and be responsible for ensuring
this is used effectively across their area to tackle
re-offending. Subject to the Parliamentary process, CJAs
would be established from April 2006. They will be engaged
in the drawing up of local area plans to tackle
re-offending, covering both criminal justice social work
and SPS from 2006-07, with 2007-08 being the first year
fully under the new arrangements.
Subject to the Parliamentary process, HDCs are expected
to begin from the spring of 2006. They will enable selected
low-risk prisoners to spend the last part of their sentence
in the community, subject to an electronically monitored
curfew, giving them an opportunity to re-engage with
family, training and employment opportunities to ease their
reintegration into society and reduce their likelihood of
re-offending. However, if they break the terms of the
curfew they will be returned to prison.
In relation to sex offenders, the Bill will tighten the
Sexual Offences Act 2003 (previously section 3 of the Sex
Offenders Act 1997), by broadening the range of courts that
will have the jurisdiction to consider proceedings against
anyone charged with a sexual offence who has failed to
comply with registration requirements, for example by
initially failing to register with the police and then
moving to another part of the country.
One of the key non-legislative proposals in relation to
re-offending is the establishment of a national advisory
body for offender management. This will be chaired by the
Minister, with members drawn from across criminal justice
services and will develop a national strategy to reduce
re-offending and take on responsibility for monitoring
Scottish Prison Service performance on offender
management.
Copies of the Management of Offenders etc. (Scotland)
Bill can be accessed on the Scottish Parliament website:
http://www.scottish.parliament.uk/business/bills/index.htm