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Independent review on sex offenders registration scheme
24/10/2005
An independent review of the operation of the sex offenders' registration scheme in Scotland has recommended strengthening the registration requirements and tightening risk assessment and management procedures.
The review, commissioned by the Justice Minister Cathy Jamieson following public concerns about the management of sex offenders in the community, was produced by former director of social work, Professor George Irving of Glasgow Caledonian University.
His report, produced after discussions with police officers, social workers, the Crown Office, Scottish Prison Service and other interested parties, makes 36 recommendations, including:
- Extending the range of information which registered offenders are required to provide about themselves beyond the current requirements of name, date or birth, address and national insurance number.
- Giving the police the powers to enter a sex offender's home for the purposes of monitoring their activities and checking information contained on the register.
- Requiring sex offenders to participate in the risk assessment process by making themselves available for interview. This will be supported through the new powers of entry.
- Introducing a formal police warnings system for sex offenders whose whereabouts or activities is giving rise to concern, such as living in an unsuitable household, which if ignored could lead to information on them being disclosed to relevant third parties, including an employer, householder or leisure manager.
- Placing individuals who have not been convicted of an offence, but whose behaviour has caused them to be the subject to a risk of sexual harm order, on the non-registered section of ViSOR - the Violent and Sex Offenders Register - for police monitoring.
- Creating a fast-track system to enable the courts to consider whether to amend a sexual offences prevention order (SOPO) on application from a Chief Constable. Delays in the court process are not widely felt to be a problem. However, because of the risk that sex offenders identified for a SOPO are likely to pose to the public, the importance of speed when hearing SOPOs is essential.
- Reducing the time frame for sex offenders to notify a change of address from three days to 24 hours, and requiring those who are responsible for an offender while he is in detention in a hospital or prison to inform the police of any notification requirements, and to notify other relevant authorities of his release or transfer to another institution.
- Requiring each police authority to review the strengths and weaknesses of their current operational arrangements and establish whether there is a need for increased specialisation and/or additional resources to deal with sex offenders.
Launching his report, Professor George Irving said:
"While it not possible for those responsible for managing sex offenders in the community - police and social work services - to completely eliminate the risk these individuals may pose, it is vital that every possible step is taken to reduce that risk.
"Despite several improvements to the sex offenders' registration scheme in since its introduction in 1997, there remain many weakness in the current system. These need to be urgently addressed to help police and social services monitor and assess these individuals more effectively and of course prevent future tragic incidents such as the murder of Mark Cummings which lead the Justice Minister to commission this review.
"Indeed, increasing public protection and responding to public concerns have remained at the forefront of this review.
"I hope that the enhanced notification, monitoring and risk assessment procedures recommended in my report, including increased powers for the police to enter the premises of known sex offenders, will lead to practical improvements in the operation of the sex offender's registration scheme. Changes which will improve community safety and ease the public's justifiable concerns."
The remit of Professor Irving's review was to - review the operation and effectiveness of the sex offenders' notification regime in Scotland, to seek the views of the agencies involved, to make recommendations for improvement and to advise on any other relevant issues relating to sex offenders subject to registration.
His work was informed by meetings with the Association of Chief Police Offices in Scotland (ACPOS) and the Association of Directors of Social Work (ADSW). He held in-depth discussions with a wide range and mix of senior and operational police officers and those working in criminal justice social work across Scotland. He also consulted representatives from the Scottish Prison Service and Risk Management Authority. A visit to Greater Manchester Police gave him insight into the arrangements for managing sexual and violent offenders in England.
The Protection of Children and Prevention of Sexual Offences (Scotland) Act will from this month allow chief constables to apply to the sheriff court for a risk of sexual harm order (RSHO) to restrict the activities of individuals suspected of being a danger to children - even if they have not been convicted.
The Act will also extend the use of sexual offences prevention orders (SOPOs) which previously could only be made by the courts, at a chief constable's request, if the offender's behaviour after conviction continued to present a public risk. The new legislation will enable the sentencing judge to impose these when sentencing an offender based on the evidence of that case - without the need for evidence of further behaviour after conviction and a subsequent chief constable's application.
A copy of Professor Irving's report and the Executive's response to it can be accessed via the following link:
http://www.scotland.gov.uk/Publications/2005/10/19111606/16070