JUSTICE 2 SUB COMMITTEE REPORT
(33 Recommendations)
1. The Sub-Committee recommends that the Scottish Executive undertakes an exercise, with ACPOS, to determine the scale of current and future sex offender supervision requirements on police forces, including an assessment of resource implications, and to examine ways in which monitoring and supervision might be made more effective.
GOVERNMENT RESPONSE: ACCEPTED AND WORK ONGOING (expected implementation by 2011)
This was progressed through the recent Spending Review which builds on ACPOS' strategic assessment of sex offender management as a key policing priority to which Chief Constables should ensure that adequate resources are allocated, as part of their operational responsibilities. The Scottish Government will be responding separately to the recent Justice Committee Inquiry into the Effective Use of Police Resources, but the Spending Review and Budget Bill allow for substantial additional investment in building policing capacity, including £94 million to fund the direct recruitment of an additional 1,000 police officers by March 2011, and support specific retention and deployment initiatives.
Government officials are currently looking to carry out a substantive Scottish study into the sex offender management measures that have been introduced since the notification requirements on Sex Offenders were first introduced in Part I of the Sex Offenders Act 1997 on 1 September 1997 and are now re-enacted with amendment in Part 2 of the Sexual Offences Act 2003. It is proposed that the study, which will utilise the statistical and other information held on the Violent and Sex Offender Register, will examine the impact of the 2003 Act with regard to the number, location, risk category, age, sex and ethnicity of persons required to register and therefore be risk assessed and managed.
2. The Sub-Committee recommends that the Crown Office issue guidance to the effect that, when marking cases which include offences which 'trigger' notification requirements under Schedule 3 of the Sexual Offences Act 2003, prosecutors take into account whether that offence or these offences warrant inclusion on the Sex Offenders Register and mark the cases accordingly.
GOVERNMENT RESPONSE: ACCEPTED AND WORK ONGOING (expected implementation Autumn 2008)
The Crown Office and Procurator Fiscal Service (COPFS) is preparing a comprehensive guidance Manual on Rape and other Serious Sexual Offences ("The Sexual Offences Handbook") for those making decisions on, investigating and prosecuting such cases within COPFS.
• Eight of the ten chapters of new guidance have now been issued to COPFS staff with the remaining guidance to be issued by summer 2008.
• An exercise to consolidate the new guidance with existing guidance on sexual offences (including current guidance on the requirements of the Sex Offender Registration) is to be undertaken over the next six months. As part of that exercise COPFS guidance will be revised to instruct marking deputes to highlight cases which render the accused liable to the notification requirements on conviction, under the Sexual Offences Act 2003.
3. The Sub-Committee recommends that the Scottish Executive gives effect, as soon as possible, to recommendation 1 of Professor Irving's report "Registering the Risk" to extend the notification requirements of sex offenders in relation to the provision of household and social data to enable more effective risk assessment.
GOVERNMENT RESPONSE: ACCEPTED AND WORK ONGOING (expected implementation by 2011)
The Police, Public Order and Criminal Justice (Scotland) Act 2006, extended the notification requirements in Scotland in line with a number of Professor Irving's suggestions, namely passport details, the provision of DNA samples, and in the Sexual Offences Act 2003 (Notification Requirements) (Scotland) Regulations 2007, which came into force on 1 April 2007, bank account and credit card details. Scottish Government officials are working closely with ACPOS and the Home Office on the feasibility of requiring more household and social data, including their e-mail addresses; if they are living in the same household as a child; if they are travelling abroad for any period (at present only trips of 3 days or longer must be notified), and reporting more regularly to a police station if they register as homeless.
The Scottish Government is in accord with the previous administration in believing that it would be difficult to justify extending the notification requirements to include such details as a sex offender's leisure activities and main associates. Many of these areas are difficult to define and will in very many cases change on a regular basis. Implementing the full range of notification requirements suggested by Professor Irving would also require the notification of details relating to other innocent individuals, which would be a significant departure from what is currently required under the Sexual Offences Act 2003. The police already hold significant amounts of detail on individual offenders, including places of employment, main associates and access to vehicles as part of their own intelligence gathering activities.
4. The Sub-Committee recommends that all those on the Sex Offenders Register should be subject to clear conditions for the entire time they are on the register. These conditions may vary or be varied during that period but they should require sex offenders to co-operate fully with the relevant authorities in relation to all aspects of monitoring, supervision, assessment and, if necessary, treatment. The conditions placed on individual sex offenders should be tailored to each individual but, as a minimum, would be similar to those of a supervision licence, which requires the registered sex offender to live in accommodation approved by the police, where necessary in consultation with social work or housing authorities.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
Although the court has no powers under the Sexual Offences Act 2003 to impose conditions, the new multi agency public protection arrangements (MAPPA) under sections 10 and 11 of the Management of Offenders etc. (Scotland) Act 2005 provide a strengthened framework for agencies to work together to assess and manage the risk posed by highest risk sex offenders.
Additionally, if the police consider that a sex offender has acted in a way that gives serious cause for concern that he may reoffend, then they can apply for a Sexual Offences Prevention Order (SOPO). The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 also extends the use of SOPOs so that they can be imposed on those convicted of sex offences by the court when they are sentenced. The order places a number of tailored prohibitions designed to prevent the offender from engaging in behaviour that might lead to him reoffending. For example, he might be prevented from entering children's playgrounds or visiting swimming baths. The breach of any of these prohibitions carries a maximum penalty of up to 5 years imprisonment. SOPOs also place the offender on the Sex Offenders Register.
5. The Sub-Committee recommends that breach of any of these conditions should be dealt with swiftly and robustly. Any such breach should be an offence arrestable without warrant and which could, on a decision of the court, result in the offender being returned to prison.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
Failing to comply with any of the requirements of the sex offender notification requirements or breaching the conditions of a SOPO is a criminal offence with a maximum penalty of five years imprisonment and the police attach a very high priority to enforcing the requirements of the legislation and Orders.
In cases where an offender breaches the conditions of a release licence he/she may be returned to custody.
6. The Sub-Committee recommends that the Scottish Executive receive regular reports from police forces on all high and medium risk sex offenders who have absconded or are otherwise unaccounted for and that these reports include the level of assessed risk, the level of information released to the public, if any, and the efforts the police are making to trace and arrest these offenders.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
The handling and execution of warrants in respect of missing registered sex offenders is an operational matter for the police and the responsibility of Chief Constables. Notwithstanding, and following agreement with ACPOS, the Scottish Government is now in receipt of regular reports from Scottish forces about the extent to which the sex offender registration requirements are being adhered to.
7. The Sub-Committee recommends that a summary of statistics on missing registered sex offenders be published by the Executive in an annual report.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
Again, following agreement with ACPOS, the Scottish Government has establish a meaningful set of definitions on "missing" and "wanted" registered sex offenders. These figures will be presented in the MAPPA annual reports to provide the relevant context. In so doing it will be made clear that the number of registered sex offenders who are currently unaccounted for and being sought by the police is highly fluid, and, due to the nature of proactive policing efforts, likely to change on an almost hourly basis. The MAPPA annual reports are expected to be published in Autumn 2008.
8. The Sub-Committee recommends that it should be an offence, arrestable without warrant, for a registered sex offender to use a name not previously registered with the police and that this should be considered a serious breach of registration conditions.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
The Sexual Offences Act 2003 provides that a breach of the notification requirements and giving a false name constitutes an arrestable offence.
9. The Sub-Committee recommends that in all cases, before release from prison, the address at which a registered sex offender intends to reside is checked and verified in advance of release, whether the offender is a long or short term prisoner.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
This recommendation is now enshrined as good practice in the National Accommodation Strategy for Sex Offenders (NASSO) and in the integrated practice guidance prepared by the Scottish Government's Home Leave Working Group. All prisoners serving sentences of 6 months or more for current sexual offences have their release accommodation checked and verified in advance of release (with the exemption of the few who will be No Fixed Abode (NFA) on release). For those prisoners who are serving sentences of under 4 years for non-analogous offences but who have previous convictions for sexual offences, or those prisoners serving under 6 months for sexual offences, every effort will be made via multi-disciplinary case conferences to resolve accommodation issues which meet the needs of the community and the prison. Further discussions around NASSO are scheduled to ensure that checking and verification procedures are robust for prisoners in this group.
10. The Sub-Committee recommends that current notification requirements are strengthened to require all sex offenders to provide an address where they will reside which must be a recognised form of living accommodation such as a house, flat or hostel. Failure to provide a genuine address or failure to reside at that address without appropriate notification to the police would render the offender ineligible for early release from prison or liable to return to prison.
GOVERNMENT RESPONSE: ACCEPTED AND WORK ONGOING (expected implementation by 2011).
Currently itinerant offenders are subject to the same notification requirements as those with more settled addresses and if they are absent from the last registered location for more than 7 days, they must attend a police station to register their new location. Section 83 (7) of the Sexual Offences Act 2003 also provides that where an offender is homeless or has no fixed abode his 'home address' means an address or location where he can be regularly found. This might, for example, be a shelter, or a friend's house, both very temporary addresses, or other locations which are not conventional homes, such as church steps and park benches.
The Scottish Government will bring forward legislation amending the Sexual Offences Act 2003 to require offenders without a permanent home to report regularly to a police station, dependent on the risk they pose.
11. Sub-Committee recommends that postcode be made a mandatory field in relation to the registration of sex offenders and that the Criminal History System (CHS) be enhanced to enable radius searches and small area searches to be made.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
Section 83 of the Sexual Offences Act 2003 already requires relevant offenders to provide the police with their address details, including their postcode. Also a new Criminal History System went live on 22 October 2007. It is stable and is now being developed to comply with the requirements surrounding the Summary Justice Reform measures. These developments will be implemented in March 2008 and thereafter all other change requests will be assessed and prioritised.
12. The Sub-Committee recommends that the Scottish Executive undertake to commission, at an appropriate point following implementation, independent research to assess the effectiveness of the new vetting system proposed in the Protection of Vulnerable Groups (Scotland) Bill in increasing the protection the new system affords to children.
GOVERNMENT RESPONSE: ACCEPTED AND WORK ONGOING (expected implementation Autumn 2008)
The Scottish Government agreed that this would be done and will be clearer on the nature and timing of an assessment in the autumn. The Protection of Vulnerable Groups (Scotland) Act was passed by the Parliament on 8 March 2007 and received Royal Assent on 18 April 2007. Implementation is now underway, and a major consultation on policy options for secondary legislation concluded on 12 February 2008. We are currently analysing over 200 responses and a consultation report will be published in the next few months. It is expected that the vetting and barring scheme established by the Act will go live in late summer 2009. Meanwhile, discussions are underway with the University of Edinburgh/NSPCC Centre for UK-wide Learning in Child Protection regarding research to help establish the effectiveness of current arrangements.
13. The Sub-Committee recommends that the Scottish Executive gives the utmost priority to the development and validation of specialist tools to enable more effective dynamic risk assessment and management of sex offenders, particularly those who offend against children.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
Risk Matrix 2000 has been adopted as the actuarial risk assessment tool for adult male sex offenders and front line staff continue to be trained in its use. A validation study for the Scottish population has been completed by the Risk Management Authority, (RMA). The national roll-out of the second stage dynamic risk assessment tool - Stable and Acute 2007, (SA07) was completed in November 2007. Over 825 multi-agency staff have now been trained in this process of assessment. The specification for evaluation and validation for SA07 is currently being developed by the RMA and will be reported back to the Scottish Government's Risk Assessment Pathway Working Group.
14. The Sub-Committee recommends that all sex offenders be required to undergo a thorough risk assessment at an appropriate point in their sentence and, if assessed as posing a serious risk to the public, that they be required to submit to appropriate treatment and further assessment before being considered for release from custody. Given that at present there is nothing to prevent the release of such offenders at the end of their custodial period, if they continue to be assessed as posing a serious risk to the public at that point in their sentence, the Sub-Committee recommends that conditions are placed on their release to ensure they receive further treatment and strict monitoring in the community.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
The Scottish Government is putting arrangements in place so that sex offenders can be risk assessed throughout the period of their sentence, both within custody and in the community. Training in SA07 dynamic risk assessment tool has been rolled out to Criminal Justice Social Work staff, the Police and the Scottish Prison Service, with agreement on the timescales for these assessments, subject to ongoing discussion between these agencies.
If they continue to be assessed as posing a serious risk to the public at the point of release, the Scottish Government accepts that conditions be imposed to ensure strict monitoring in the community. Whilst offenders cannot be compelled to participate in programmes, they are encouraged to do so and failure to comply is reflected in the assessment of the offender's risk and is a factor taken into account by the Parole Board in determining suitability for parole or release on life licence. All sex offenders serving 6 months and over are subject to mandatory supervision on release which, when appropriate, will include participation on treatment programmes. Those serving less than 6 months are actively encouraged during their sentence to take on voluntary supervision when released. The MAPPA process, introduced to Scotland in April 2007 aims to consolidate the process of exchanging joint risk assessments and management plans for prisoners on release.
15. The Sub-Committee recommends that the Scottish Executive develops and publishes plans for a comprehensive and independent evaluation of the collective impact and effectiveness of these initiatives in improving the management of sex offenders and enhancing public safety.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
The Social Work Inspection Agency is working with Her Majesty's Chief Inspector of Prisons and Her Majesty's Chief Inspector of Constabulary to carry out a joint inspection of the effectiveness of the management of offenders who present a high risk of harm to others. The joint inspection team will focus on the pre and post release management of high risk of harm offenders and will look at the assessment and management of these offenders in prison and in the community . This will include an evaluation of new models of integrated case management (ICM) in prisons, the handling of critical transitions from prison to the community, and an evaluation of the effectiveness of MAPPA in the community. A report is expected by the end of 2008.
16. The Sub-Committee recommends that the Scottish Executive ensures that the information on sex offenders contained on ViSOR and SID will be readily available to operational police officers and officers from other relevant agencies involved in the monitoring, supervision and management of sex offenders, particularly in relation to any investigations concerned with or connected to children and that this information will clearly identify known sex offenders living in the same vicinity or neighbourhood as the child or children in question and their assessed levels of risk.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
All Scotland's police forces and criminal justice social work departments in Scottish Local authorities have access to ViSOR. All police officers in Scotland have access to the Scottish Intelligence Database (SID). The interface between SID and ViSOR is due to be operationally available from 17 March 2008.
17. The Sub-Committee, recommends that the Scottish Executive considers the potential of Circles of Support and Accountability projects and, if found to be effective, instigates pilot projects within Scottish communities.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
The Scottish Government has commissioned the Scottish Centre for Crime and Justice Research to prepare a report into Circles of Support and Accountability. We expect to be in receipt of the report in April 2008.
18. The Sub-Committee recommends, by majority, that in cases involving the safety of children the police should have the power to enter and search without warrant the premises of any known or registered sex offenders within the immediate vicinity, area, or neighbourhood, as appears reasonable in the circumstances of the case.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
If the police have reasonable cause to suspect that an offence is being committed or has been committed, the police are empowered under common law to enter any premises, if necessary by force without a warrant. Section 80 of the Police, Public Order and Criminal Justice (Scotland) Act 2006, also allows the police to apply to a sheriff for a warrant to enter and search a registered sex offenders premises for the purpose of risk assessment.
19. The Sub-Committee recommends that the Scottish Executive conducts a thorough review of the resource implications of implementing MAPPA for the agencies and organisations involved and takes appropriate action to ensure the necessary resources are in place or are provided.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
Resources have been a consideration for the Scottish Government in the development of the legislation and the implementation and delivery of the MAPPA model. We have worked with ACPOS, SPS and local authorities to ensure that resources and practice are developed as part of a package of measures to strengthen the arrangements for the management of sex and violent offenders in line with the introduction of MAPPA. As a result, new resources of £1.5 million were allocated to appoint 11 MAPPA coordinators, administrative support and related costs across 8 Community Justice Authority areas. This is also supported by our funding the post of a National MAPPA coordinator.
Resources have also been provided to ensure that local authority criminal justice social work have VISOR to assist in the running of MAPPA and the sharing of relevant information with the police. Scoping is currently underway to provide access to the SPS. The police, SPS and local authority staff were trained in the use of RM2000 (Actuarial risk assessment tool) and are currently being trained in the use of Stable and Acute (dynamic risk assessment). This will reduce the duplication of work among these agencies, provide for better working practices and provide a shared understanding of risk assessment and management. Work has also been commissioned with the RMA to develop a risk management framework for violent offenders who will fall within the MAPPA.
20. The Sub-Committee recommends that it is made a legal requirement for all application forms for local authority and other social rented housing to require information on whether the applicant is subject to the notification requirements of the Sexual Offences Act 2003, that it be a criminal offence not to provide this information and, if the person applies as homeless, this question should also be part of the homelessness assessment.
GOVERNMENT RESPONSE: ACCEPTED AND WORK ONGOING (expected implementation before 2011)
The Government sees strong merit in the introduction of a legal requirement as proposed. It is in line with the conclusion of the Working Group that developed the National Accommodation Strategy for Sex Offenders (NASSO) that all housing application forms should ask whether an applicant is required to register with the police under the Sexual Offences Act 2003 and that this requirement should be applied in a consistent manner throughout Scotland. The Government also agrees that there is merit in it forming part of homelessness assessments. However, before any legislative proposal can be brought forward the recommendation requires to be considered further in terms of its compatibility with ECHR and Data Protection legislation. This consideration is currently taking place.
21. The Sub-Committee believes that resources must be adequate if NASSO is to contribute fully to improvements to the management of sex offenders and recommends that the Scottish Executive ensures that there are sufficient resources in place to establish Housing Association 'Link Officers' and Local Authority 'SOLOs' and in each local authority before 1 April 2007.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
An extra £2m in 2007-8 has been allocated to assist local authorities establish the local Sex Offender Liaison Officer role and the Link Officer liaison arrangements with Registered Social Landlords in their area. Funding beyond 2008 will form part of the local government settlement. Under the Concordat agreed between Scottish Ministers and COSLA, the ring fence around the National Accommodation Strategy for Sex Offenders will be removed from 1 April 2008, with the funding being absorbed into the main local government settlement.
22. The Sub-Committee recommends that the Scottish Executive, in co-operation with the relevant housing agencies, conducts an audit of current accommodation suitable for sex offenders and carries out research to estimate the future need for different types of accommodation for this group, including secure residential accommodation.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
The National Strategy for the Management of Offenders requires the Community Justice Authorities (CJAs) to carry out an audit of criminal justice accommodation within their CJA area during the first full year of their operation which is 2007-08 to identify the scope for a more consistent level of provisions across the authorities within the CJA. The CJAs have been asked to report by March 2008.
23. The Sub-Committee recommends that the police warning system proposed by Professor Irving be put in place as quickly as possible but that disclosure, in the circumstances described by Professor Irving, should be accompanied by other measures, as appropriate in the circumstances of the case, to increase levels of supervision and to control the behaviour of the offender.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
In April 2007 ACPOS endorsed a National Standard Operating Procedure relative to the management of registered sex offenders, which delivered the police warning system proposed by Professor Irving.
24. The Sub-Committee recommends that statistics on the use of the formal warning system be collated, reported annually and placed in the public domain.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
Relevant statistics on the use of the warning system, as envisaged by Professor Irving, are now being collated, and will be reported annually, and made public, through the MAPPA Annual Reporting Structure.
25. The Sub-Committee recommends that the Scottish Executive takes steps to reassure the public that the principle of third-party notification already exists in relation to sex offenders and the associated powers are available to the police and criminal justice social work departments where there is concern about a particular sex offender. The Sub-Committee also recommends that guidance on how and when these powers can be used is produced to ensure consistent application across all local authority areas and that this guidance is placed in the public domain.
GOVERNMENT RESPONSE: ACCEPTED AND WORK ONGOING (expected implementation Autumn 2008)
The Scottish Government is currently developing a comprehensive public information strategy which will include information on disclosure and other related matters. In this connection consideration is also being given to using existing community networks to develop and promote public education materials aimed at keeping children safe from harm, including sexual abuse and awareness raising on offender management.
The two areas have very different populations and this will provide valuable insights into ensuring work taken forward on public awareness will meet the needs of a variety of audiences.
26. The Sub-Committee recommends that the number of formal disclosures made by the police and social work departments are reported in the MAPPA annual reports for all MAPPA areas.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
The MAPPA Annual Report Structure will provide this type of information.
27. The Sub-Committee recommends that, where high-risk sex offenders fail to co-operate with the relevant authorities on matters of significance (such as attending places where children gather) or abscond, their details should be provided to local communities and made available more widely, including the use, where considered appropriate, of internet websites such as currently used by the Child Exploitation and Online Protection Centre (CEOPC).
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
In November 2007 all eight of Scotland's police forces signed off a formal contract that allows them to publish photographs of high-risk child sex offenders on the internationally-recognised CEOP Centre's 'most wanted' website, which is provided by UK charity Crimestoppers. The deal also allows Scottish forces to use the 'most wanted' facility on the Crimestoppers website for non-sexual offenders.
28. The Sub-Committee recommends that the Scottish Executive, in co-operation with the relevant agencies, gives priority to developing a public information strategy on child sexual abuse and that it provides materials to inform and advise parents, children and communities of the dangers of child sexual abuse and of measures to reduce risk.
GOVERNMENT RESPONSE: ACCEPTED AND WORK ONGOING (expected implementation Autumn 2008)
The Scottish Government undertook to assess, with relevant agencies, to what extent the public's level of information on child sexual abuse needs to be augmented and to consider what new public information materials need to be produced to redress identified gaps in provision. Work in this area is being taken forward with Recommendation 25 considerations.
We also aim to make good use of:
- recently redesigned public information child protection leaflets ('what to do if you are concerned about a child') and posters advertising the ChildProtectionLine and website
- existing Home Office guidance to the public on recognising the dangers of child sexual abuse, which we will revise to suit the Scottish context
- existing platforms (e.g. the ChildProtectionLine 24 hour national free phone service for accessing local child protection services) to timeously progress the delivery of materials on child sexual abuse to the public. An 8-week national marketing campaign for this service was launched by the Minister for Children & Early Years on 19 February 2008
We are also engaging with stakeholders through existing fora, particularly the quarterly meetings of the 30 Child Protection Committee Chairs.
29. The Sub-Committee recommends that the Scottish Executive, in co-operation with the relevant agencies, reviews the training requirements of court staff to ensure that all those who deal with child-sex offenders, their victims and witnesses have as full understanding as possible of the impact sexual offending and subsequent court proceedings can have on those involved.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
In December 2007 the Crown Office and Procurator Fiscal Office (COPFS) delivered a programme of e-learning courses which is currently being undertaken by all prosecution staff who are involved in the investigation of sexual offence cases. That training is to be built upon through a core sexual offences training course which will be classroom based and which is to be delivered at the Scottish Prosecution College from April onwards. That course will include training on the effects of sexual victimisation and will include input from Rape Crisis Scotland. In addition training has been developed and delivered to senior prosecutors who conduct or manage the investigation of these cases and Crown Counsel who prosecute sexual offence cases in the High Court.
COPFS has been delivering a rolling programme of training on vulnerable witnesses' legislation since early 2004, including information and advice on what may constitute vulnerability and the use of special measures at court.
The Scottish Courts Service has ensured that information is available to sheriff clerks and clerks of court on the provision of additional facilities such as separate witness accommodation, TV links in court, increased security etc for vulnerable witnesses. In addition the Training Modules for Court Macers in the Supreme Courts and Court Officers in the Sheriff Courts include specific training on dealing with vulnerable witnesses.
30. The Sub-Committee believes that, under the proposals in the Criminal Proceedings etc. (Reform) (Scotland) Bill, sexual crimes against children would be caught by the exceptional circumstances provisions and would, therefore, be unlikely to be bailable. However, for clarity, the Sub-Committee recommends that the Scottish Executive makes explicit in the Bill that those charged with sexual offences against children will only be granted bail in exceptional circumstances.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 includes provisions where an accused is charged under solemn procedure with a sexual offence (including against a child) and that individual has a previous solemn conviction for a similar violent or sexual offence, bail will be granted by the court only in exceptional circumstances. These provisions came into force on 10 December 2007.
When considering this matter, the previous administration considered this matter carefully and concluded the provisions contained in the Criminal Proceedings etc. (Reform) (Scotland) Bill were appropriate in dealing with the issue raised. The Scottish Government supports this view.
In cases where the court does, in the circumstances of a specific case, consider that an accused sex offender should be granted bail, if the court decides not to impose any special bail conditions (such as a curfew), the court has to explain why they have made this decision.
Alongside these two specific reforms to the bail system concerning sex offenders, more general reforms were made to the bail system, including increased penalties for breach of bail, aimed at improving respect for and public confidence in the bail system. All these reforms came into force on 10 December 2007.
31. The Sub committee recommends that the Crown Office reconsiders its guidance on plea-adjustment in relation to sexual offences to ensure that sexual offences, and sexual aspects of offences, are brought before the Courts, so that the option of imposing the notification requirements of part 2 of the Sexual Offences Act 2003 is considered by Judges in such cases.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
The Crown Office has reissued guidance to prosecutors about plea adjustment which includes specific guidance in relation to sexual offences.
32. Intervention programmes for sex offenders are seen as an integral part of the process for reducing the potential risk that sex offenders pose. The Sub-Committee recommends that the Executive ensure there are sufficient resources made available to both prisons and community-based services to enable the development and delivery of such programmes.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
The accredited Core Sex Offender Treatment Programme (SOTP), Adapted SOTP, Extended SOTP and non-accredited Rolling SOTP are available in HM Peterhead. The Rolling SOTP is also available in Barlinnie, Edinburgh and Polmont Young Offenders Institution. Additional resources have been allocated to Peterhead and Polmont to support sex offender intervention programme work. CSOGP (The Community Sex Offender Groupwork programme) is accessible, and currently running, in 19 Local Authorities, and 7 Local Authorities are in the process of commencing programmes. All CJA's now have the capacity to run CSOGP programmes.
33. The Sub-Committee wishes to record its view that legislative consolidation would help to provide clarity in this important area of criminal justice and recommends that, notwithstanding but guided by the Scottish Law Commission's forthcoming report, the Scottish Executive give consideration to introducing a Criminal Justice (Sexual Offences) Consolidation bill.
GOVERNMENT RESPONSE: ACCEPTED AND IMPLEMENTED
The Scottish Law Commission's report was published on 18 December. Once the changes recommended by the Sub-Committee and the Scottish Law Commission have been implemented, the Government will consider separate consolidation of the relevant legislation.