This item was published during the term of a previous administration that ended in April 2007
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Measures to improve monitoring of sex offenders
24/10/2005
New police powers, more stringent conditions for offenders, further investment to enable the police to share intelligence on sexual and violent offenders throughout the UK, and the introduction of a formal police warnings system for sex offenders.
All new measures unveiled by Justice Minister Cathy Jamieson today to improve protection of the public from sex offenders living in the community.
The package builds on a raft of work being taken forward by the Executive to improve the monitoring and supervision of sex offenders, and is informed by the publication today of an independent review of the operation of the sex offender registration scheme by Professor George Irving.
The key measures announced by the Minister today include:
- Requiring convicted sex offenders to provide the police with more information about themselves including details of passports, bank accounts and credit cards.
- Requiring sex offenders to provide a DNA sample to the police if this was not provided at the time of charge or conviction.
- Giving the police additional powers to enter and search a sex offender's home for the purposes of risk assessment, monitoring or to check information held on the register.
- Introducing a formal police warnings system for sex offenders whose whereabouts or activities are giving rise to concern which, if warnings were ignored, could lead to information about their background or whereabouts being disclosed, for example to an employer or householder.
- And strengthening the national register of violent and sexual offenders (ViSOR) by providing £150,000 to speed up the addition of intelligence
on to this national database to enable the police throughout the UK to share and track information. This database includes intelligence on those suspected of being a risk, even if they have not been convicted.
Justice Minister Cathy Jamieson said:
"Since its introduction in 1997, the sex offenders' registration scheme has been tightened on several occasions. However, following the tragic murder last year of young Mark Cummings by a registered sex offender, I commissioned Professor Irving to carry out an independent review of the scheme in Scotland - to ensure it is as robust as it can be.
"We have carefully considered that report, as well as concerns raised by the family and friends of Mark Cummings and the more recent case of Rory Blackhall, and concluded that a number of changes should now be made to further tighten the controls over sex offenders.
"We want to give the police the powers and authority they need to actively engage with registered offenders during the risk assessment process, by giving them powers of entry and search. We want to compel registered sex offenders to divulge more than just a name and address - but other relevant information like their passport and credit card details. We also want the police to be able to share all their available intelligence on sex offenders with colleagues throughout the UK which will ensure better management and tracking of these individuals - including those suspected of being a risk.
"I am also aware of the heartfelt pleas from communities - not least those campaigning after Mark Cummings murder - for there to be fuller disclosure of information to local people when a sex offender is living in their midst. Previous expert groups have looked at this and concluded that such a move might hinder and not help the authorities to keep offenders in their sights. Professor Irving has backed that view but has called for a formal warning system to bring clarity and transparency to the process.
"I agree and intend to work with the police on creating a system to enable chief constables, on a case by case basis, to provide information on a sex offender's background or location to particular third parties, if they continue to ignore police warnings about their behaviour. This will send a clear message to offenders and communities that a sex offender who does nothing to contribute to his rehabilitation and monitoring cannot also expect a lifelong blanket of anonymity.
"Sexual offences are sickening and horrific crimes. First and foremost those convicted of such serious crimes deserve punishment, in prison, and for a very long time. But as a society we must also look beyond punishment to the prospect, the hope, of rehabilitation. But rehabilitation that at each and every stage is assessed, monitored and where necessary reviewed and revoked against the key test of public safety."
The sex offender notification system was initially introduced under the Sex Offenders Act 1997. Since then it has been tightened on several occasions, most recently through the Sexual Offences Act 2003. Information on those changes is available via the following link:
http://www.scotland.gov.uk/News/Releases/2003/03/3361
Professor Irving's review report and the Executive's response to it can be accessed via the following link:
http://www.scotland.gov.uk/Publications/2005/10/19111606/16070
The Minister has accepted most of Professor Irving's recommendations. However, she has asked for further work to be undertaken by officials on the practicalities of three recommendations from Professor Irving's report, including
- The proposals for a more stringent reporting regime for homeless offenders. This will be carried out in the context of wider work to develop a national accommodation strategy for sex offenders.
- The proposal to require changes of registered information, such as a new address, to be notified to the police within 24 hours instead of the current period of three days.
- The Risk Management Authority (RMA), the new independent body with responsibility for ensuring the effective assessment and management of the risk posed by sexual and violent offenders, will also be asked to consider the proposal to compel offenders to participate in the risk assessment process.
During his review, Professor Irving also re-visited the recommendations from the Expert Panel on Sex Offending (Cosgrove Report), published in June 2001, and which has been the driving force for much of the Executive's work on sex offenders. A progress report on the implementation of the Cosgrove report will be published shortly.
The measures announced by the Minister today build on that work and other on-going efforts by the Executive and criminal justice agencies to continue to improve the management of sex offenders and provide greater protection to the public. The Executive's most recent work in relation to sex offenders has included:
- Introducing the Protection of Children and Prevention of Sexual Offences Bill (now an Act) to Parliament. From this month it enables 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.
- Rolling out ViSOR - a shared national database - to all police areas in Scotland, enabling all police forces to record information on sexual and violent offenders, and those suspected of being a risk, across police boundaries, making it easier to share intelligence on them and their activities. The investment announced today will enable forces to speed up the addition of intelligence to the database.
- Introducing the Management of Offenders (Scotland) etc Bill which will require LAs, SPS and the police to establish joint arrangements for assessing and managing the risk posed by sex offenders. It will also end unconditional release for sex offenders sentenced to between six months and four years in prison. They will instead be released on licence and may be subject to additional conditions. Ministers will also introduce an amendment to Stage Three of the Bill this week to ensure these new arrangements apply to all short-term sex offenders being released from prison in the Spring - when the Bill is expected to become law - rather than those being sentenced from that date.
- Working with criminal justice agencies to create a new national concordat to improve the way local agencies work together to deal with sex offenders. This aims to improve information sharing among these organisations - in line with Cosgrove's recommendations - to better manage the risk which sex offenders may pose.
- Instructing council, prison, and police chiefs to carry out an audit of their medium and high risk sex offender cases to provide re-assurance that these individuals have been subject to comprehensive and competent risk assessments, using the most up-to-date risk assessment tools. And that appropriate arrangements for supervising them are in place and being kept under review.
- Working towards a national strategy and updated guidance for all housing providers on the housing of sex offenders with a draft by the end of this year to be supported by an education and training programme. The guidance will form part of a national strategy on the housing of sex offenders being created by an Executive-led multi-agency group and is due for completion around spring 2006.
- Created a new form of life sentence, Orders for Lifelong Restriction, to be introduced next year, which will place an obligation on the authorities responsible for monitoring sexual and violent offenders in prison and in the community to have a risk management plan in place for each offender throughout his or her life. These plans which will be approved and kept under review by the RMA.