This item was published during the term of a previous administration that ended in April 2007
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Child protection legislation enhanced
22/12/2004
The net is to be widened to catch sexual predators who exploit teenagers with amendments to the Protection of Children and Prevention of Sexual Offences Bill.
It is to be extended to criminalise pornography and prostitution involving those up to the age of 18 in line with optional protocols relating to the UN Convention on the Rights of the Child (UNCRC).
The Bill was introduced to Parliament on October 29 and amendments are currently being drafted and will be submitted for Stage 2 consideration.
Deputy Justice Minister Hugh Henry said:
"Child sex abuse is one of the most despicable crimes in our society. It is one the police take very seriously and one the public want to see dealt with. That is why I am determined that every legislative opportunity should be used to ensure that our young people are given the highest protection possible against those who would harm them and that the law is as robust as it can be.
"Exploitation by the commercial sex trade is a shocking violation of childrens rights and can have no place in a modern Scotland. It is right that the age limit should be increased from 16 to 18 in order that all young people can be protected from abuse.
"Protection of children is a top priority for the Scottish Executive. 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."
The Bill includes proposals to:
- 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
- Allow 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
- Strengthen the law on sexual grooming - which can already be caught under existing Scots law - by making this a specific offence
The UK signed the Second Optional Protocol to the UN Convention on the Rights of the Child in 2000.
The protocol requires state parties to criminalise child prostitution, child pornography and child trafficking and defines a child as someone under 18 years old.
EU Council Framework Decision 204/68/JHA of December 22, 2003, on combating the sexual exploitation of children and child pornography also requires the same approach in relation to child prostitution and child pornography.
There is currently no specific offence in Scots law that criminalises prostitution, although the law criminalises sexual relations with children under 16.
In addition Being Outside: Constructing a Response to Street Prostitution - the first report from the Expert Group on Prostitution - was published on December 16.
It set out proposals to improve the safety of women already involved in street prostitution, prevent vulnerable women and children from first becoming involved, and provide better protection for communities from the effects of prostitution.
Ministers are considering the groups proposals and the responses to them in detail, before announcing plans to address the challenges posed by increasing street prostitution in Scotland.
The law in relation to indecent pictures of children currently defines a child as being under 16 years old.
Scots law is already compliant with the requirements in relation to child trafficking.