This item was published during the term of a previous administration that ended in April 2007
Listen
Proposals to manage sex offenders
27/06/2002
A comprehensive package of measures aimed at reducing the risk from sex offending was proposed today.
It includes: a more consistent approach to assessing risk wider provision of programmes which address offending behaviour a more robust legislative framework and improved information and better co-operation between those who work within the criminal justice system.
The proposals are part of the Executives response to the report Reducing the Risk: Improving the Response to Sex Offending which was published last year by the Expert Panel on Sex Offending chaired by the Honourable Lady Cosgrove.
The recommendations cover a wide range of issues aimed at reducing the risk from sex offending. These include community safety, education, preventative measures, risk assessment procedures, personal change programmes in the community and in prison, the monitoring and housing of sex offenders and information management.
Key proposals to be taken forward are
- Issuing a national protocol outlining best practice in risk assessment which will be binding for all agencies working with sex offenders
- Further considering legislation to allow for the electronic monitoring of the highest risk offenders on their release to assist monitoring
- Introducing a system for flagging on an offenders record the existence of a sexual element in any case where the charge itself is not a sexual offence
- Increase the availability of sex offender intervention programmes for every convicted sex offender including those given a custodial sentence of two years or less
- Ensuring the Scottish Prison Service, local authorities, hospitals and the Scottish Court Service build on existing liaison arrangements to establish effective systems for the transfer of information
- Publishing an information leaflet, based on a draft prepared by the Expert Group, which provides parents and carers with information on which to base decisions about child safety in groups
Also today the Scottish Parliament will consider new arrangements which will allow Sex Offender Orders, approved in one part of the UK, to be recognised and enforced in other parts for the first time.
Under existing laws, when a sex offender under a Sex Offender Order in England or Wales cross the border to Scotland (or vice versa) the Sex Offender Order ceases to apply when he/she crosses the border. As indicated, the same applies to offenders sentenced in Scotland moving to England or Wales (or Northern Ireland). The new arrangement will allow Sex Offender Orders approved in one part of the UK to be recognised and enforced in other parts for the first time.
The Sewel Motion will seek the Parliaments approval for the amendments to be included in the Police Reform Bill - currently before Westminster.
Outlining the proposals, Justice Minister Jim Wallace said:
"These proposals will make sure we provide much enhanced protection for the public from sex offenders. The report from the Expert Panel took a very measured approach to a subject which is of continuing public concern. I am pleased that the recommendations made in the report secured such strong support from those who responded to the Executives consultation. This is important because my message is clear each agency, working with sex offenders, must not only have robust procedures in place but must act jointly with other agencies to protect our communities.
"Sharing and improving the information available to those who work with this group of offenders offenders will ensure the right systems are in place to provide effective monitoring.
"By taking on the main recommendations of the Expert Groups report we are implementing a comprehensive package of measures to enhance public safety.
"These will enhance the measures we have already taken forward in our Criminal Justice Bill. These include introducing a new sentence, the Order for Lifelong Restriction, for the lifetime control of any offender considered by the courts to present a risk and the creation of the Risk Management Authority which will improve risk assessment and management procedures."
The Expert Panel on Sex Offending, chaired by the Honourable Lady Cosgrove, was set up to address the issues raised in the Chief Inspector of Social Works 1997 report A Commitment to Protect. The panels report is published on the Scottish Executive website.
The Maclean White Paper was published on 11 June 2001. Its remit was to make proposals for the sentencing disposals and future management and treatment of serious sexual and violent offenders who may pose a continuing risk to the public. The recommendations have since been proposed in the Criminal Justice (Scotland) Bill which is currently being scrutinised by the Scottish Parliament. These include:
A new sentence (Order for Lifelong Restriction) for lifelong control of any offender considered by the court to be high risk
Risk Management Plans for offenders sentenced to OLRs to ensure the offenders risk is properly managed and controlled
A new expert body, the Risk Management Authority to help agencies responsible for offenders in managing the Plans.
There will be a supplementary Sewel Motion to seek the Scottish Parliament's approval for the amendments to be included in the Police Reform Bill (currently before the UK Parliament) to amend the Sex Offender Order (SOOs) system to enable the mutual recognition of them throughout the UK.
SOOs were introduced in the Crime and Disorder Act 1998. They are a type of civil preventative order backed up by heavy criminal penalties for breach (maximum 5 years imprisonment) and an important tool in the management of the most dangerous sex offenders in the community.