This item was published during the term of a previous administration that ended in April 2007
Listen
Protection of children from sex offenders
02/07/2004
Potential sex offenders could be banned from contacting children or loitering near schools and childcare centres under new legislation proposed today.
The Protection of Children and Prevention of Sexual Offences(Scotland) Bill will allow 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.
Other key proposals in the new legislation, aimed at strengthening the protection of Scotlands children, include:
* Earlier intervention to restrict the movements of convicted sex offenders. At present Sexual Offences Prevention Orders can only be made by the courts, at the request of a chief constable, if the offenders behaviour after conviction continues to present public risk. The new legislation proposes that the sentencing judge should be able to impose these orders when sentencing an offender based on the cases evidence - without the need for evidence of further behaviour post conviction and a subsequent chief constables application.
* Strengthening the law on sexual grooming - which can already be prosecuted under existing Scots law - by making this a specific offence.
Justice Minister Cathy Jamieson said:
"Child sex abuse is one of the most evil, despicable crimes in society today. It can leave emotional and physical scars that last a life time and it is vital that we do all we can to support the police, courts and other organisations in tackling this problem.
"This Executive is already taking steps to improve the protection of children through a three-year programme of reform. Today I am announcing further measures which will supplement that work by tightening up the law in the way in which it deals with convicted or suspected child sex offenders.
"There must be no safe havens for sex offenders in Scotland. If we can add to our existing armoury of measures to protect children, then we must do so. Our new proposals will help keep our children safe and well, while punishing those individuals who try to prey on them."
The consultation on the Protection of Children from Sexual Harm and Prevention of Sexual Offences (Scotland) Bill was launched today and will run for three months.
The four categories of behaviour that can trigger a Risk of Sexual Harm Order (RSHO) are:
* engaging in sexual activity involving or in the presence of a child
* causing a child to watch a person engaging in sexual activity - including still or moving images
* giving a child anything that relates to sexual activity
* and communicating with a child where any part of the communication is sexual.
An order can be imposed on individuals who have not been convicted of an offence - due to lack of proof or corroboration - if a chief constable considers that this is necessary to protect children. The RSHO will apply for a minimum of two years and will set out specific activities that the person in question must not do.
A Sexual Offences Prevention Order is an order placed on a person who has been convicted of a sexual offence. The orders apply for a minimum of five years and, like RSHOs, specify activities that the person concerned must not do.
Grooming is the use of contact with a child to facilitate the commission of a sexual offence against that child.
At present there are a number of statutory and common law offences that might be committed during the course of grooming behaviour:
* Fraud
* Offences under the Communications Act (2003)
* Offences under the Civic Government (Scotland) Act
* Lewd and libidinous practices
* Breach of the peace.
5. The proposed new offence in relation grooming will be committed by an adult where all the following elements are present:
* an adult who is 18 or over, travels to meet, or actually meets, with a child who is 16 or younger;
* the adult intends to commit a sexual offence against the child - evidence for this might be from materials brought by the adult such as condoms or the nature of previous communications on the part of the adult;
* the adult has communicated with the child on at least two occasions beforehand;
* the adult does not reasonably believe that the child is 16 or older.
This offence would carry a maximum penalty of 10 years imprisonment.