This item was published during the term of a previous administration that ended in April 2007
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Bill seeks to fight fear of crime
27/03/2002
Measures to improve public safety and reduce the fear of crime are central to the Executive's wide-ranging Criminal Justice Bill which is published today.
Justice Minister Jim Wallace told the Parliament that the legislation is intended, among other things, to enhance public protection with particular emphasis on protecting the more vulnerable in society, especially women and children.
Some of the key proposals in the Bill are:
- A package of measures for the treatment and management of high risk offenders including a new sentence - An Order for Lifelong Restriction - for the life time control of these offenders, risk management plans for offenders who present a high and continuing risk to the public and the creation of a Risk Management Authority to improve the protection of the public
- Measures to strengthen victims' rights in the criminal justice system including the legislative base to pilot a victim statement scheme
- Intensive supervision and surveillance of offenders using electronic monitoring technology
- Substantial increases in the maximum sentences for possession and distribution of child pornography
- Protecting the victims of stalking by creating a specific power of arrest where a Non-Harassment Order is breached
- Strengthened criminal record checks for those working with children and vulnerable adults.
Protecting children from excessive physical punishment - A new interim Anti-Social Behaviour Order to provide more immediate protection form unacceptable behaviour
Mr Wallace said:
"Tackling crime and protecting the public lie at the heart of the Executive's key priorities. The Criminal Justice Bill delivers on our commitment to introduce comprehensive legislation to enhance public safety for all and particularly protect the more vulnerable in society such as women and children.
"We will more than double the maximum sentences for those who deal in child pornography. We will introduce strengthened criminal record checks for those working with children and vulnerable adults.
"We will clarify the law to make it clear that hitting children with implements or striking toddlers is simply unacceptable. The wrong we are seeking to right is the lack of clarity in the existing law, which leads to parents not having a clear idea of what the law would regard as excessive physical punishment.
"Let me be clear, we will not be creating a new offence. We will not be introducing new penalties. If the physical punishment of a child is deemed to be excessive by a court of law then it is assault. That will not change. Ordinary parents need not fear being criminalised.
"Opinion polls show that if parents can be assured that they will not be prosecuted for trivial smacks then they overwhelmingly support our policies of banning the use of implements and banning smacking for the youngest children. We have no intention of creating any new enforcement mechanism, any more than we pry into homes to check compliance with many other laws.
"It is also worth stressing the independent role of the Procurator Fiscal. They must decide whether a prosecution would be in the public interest in every case .
"I am absolutely committed to the principle that there is an age below which it is wrong to strike a child. I will listen to the views of others - and in particular the Parliament - on this matter.
"We have long recognised the need for positive action to improve public protection and reduce the fear of violent crime. We made it one of our key commitments. Today we are taking another step towards delivering on that commitment by strengthening police powers to tackle stalkers. To protect communities from unacceptable behaviour we are bringing in a new court order to provide faster protection for individuals and families from anti-social behaviour.
"We are also introducing a package of far reaching measures to deal with the small but dangerous group of high risk sexual and violent offenders.
"The Executive has given the police funding to recruit to record officer numbers and detection rates for crime are at their highest level since the War. We will not apologise for a criminal justice system which is tougher on those who harass, exploit and attack the vulnerable in our society."
The Criminal Justice Bill also includes measures to improve the efficiency of the justice system and keep the law in Scotland up to date. These are increased powers for Drug Courts, increased use of Restriction of Liberty Orders (electronic tagging), imposition of consecutive sentences, modernising the law on certain sexual offences, updating the law in relation to fingerprint evidence, allowing police to retain DNA and fingerprints given voluntarily, enhanced powers for police support staff, and television links between courts and prisons.
Mr Wallace added:
"One of our key priorities must be freeing up police and prison officers so they have more time to use their skills in protecting the public. We will therefore give extra powers to civilian support staff employed by the police as turnkeys, prisoner escorts and court security officers, releasing more officers for front-line tasks while retaining high levels of security.
"Following the reforms to the Crown Office we recently announced , and our ongoing reviews of the High Court and summary justice, these measures once again show our determination to create a more effective and efficient criminal justice system, better able to serve the public."
The measures included in the Criminal Justice Bill were included in two white papers published by the Scottish Executive last year: the Violent and Sexual Offenders White Paper and Making Scotland Safer: Improving the Criminal Justice System.
Subject to Parliamentary approval, the Criminal Justice Bill is expected to become law in early 2003.