Executive Propose New Measures To Manage Sex Offenders

New arrangements to publicise the identities of sex offenders who seek to evade the police, and clearer guidance for the police on entering sex offenders’ homes to prevent crimes are being proposed by the Executive today.

They are part of a range of additional measures in the Executive’s response to the Justice 2 Committee’s review on child sex offenders.

Justice Minister Cathy Jamieson thanked the committee for their rigorous review, published late last year, and for recognising the range of measures already introduced by the Executive to improve the management of sex offenders – including new powers for the police introduced in September.

Among the measures outlined by the Executive in today’s response are:

• Working with ACPOS, the Child Exploitation and Online Protection (CEOP) Centre, and Crimestoppers to ensure an online resource becomes available in Scotland. This will mean that where a sex offender absconds from their registered address, the police and Crown Office and Procurator Fiscal Service can decide to publish information about that individual on the internet

• Working with ACPOS to ensure police guidance makes clear an officer’s immediate powers to search and enter a sex offender’s home if they believe an offence is being or is about to be committed, particularly in cases involving children. These are separate to new powers introduced in September, enabling the police to apply to a sheriff for a warrant to enter and search a sex offender’s home for the purposes of risk assessment or to check information on the register

• To publish figures annually on the use by forces of the formal police warning scheme, now being developed by ACPOS. This scheme will support case-by-case disclosure of information about a sex offender’s whereabouts/activities to a relevant third party if he/she continues to ignore police warnings about their behaviour. Publication of these figures will re-assure the public that targeted disclosure can and will occur where the police consider it necessary

Ms Jamieson said: “I am grateful to the Committee for its review of this important but sensitive issue. As Justice Minister and a parent myself, I recognise the concerns which sex offenders generate. That’s why in the last four years we have introduced a raft of measures to increase public protection, by improving the monitoring of these individuals.

“We commissioned an independent review of the sex offender registration scheme from Professor George Irving, which has now resulted in substantial new powers for the police when dealing with sex offenders. We have also been working with ACPOS to develop a formal warning system to supported targeted disclosure of information about a sex offender’s whereabouts or activities to a relevant third party, if that individual continues to ignore warnings about their behaviour.

“And, as I have made clear before, we will continue to act wherever we can to further minimise the risk posed by these often devious and manipulative individuals.

“We are now working with agencies in Scotland and the rest of the UK, to enable information about sex offenders who are refusing to co-operate with the authorities, or have absconded from their notified address, to be posted on the internet. This puts a further onus on the offender to abide by the terms of the scheme. If not, the police and Crown Office can take the necessary steps to warn local communities.

“I also want to ensure that police officers can act immediately to search and enter a sex offender’s home – if they believe an offence is being or is about to be committed. And by providing annual information about the use of the formal police warnings system, we can help re-assure the public that the police can – and will – take steps to inform relevant third parties about a sex offender who is giving them cause for concern.

“People want to see crime falling, offenders punished and people taking responsibility for their actions. Crime is falling but we know that the law abiding minority – particularly those with young children – continue to be concerned about sex offenders living in their local community. The measures I have announced today – together with the raft of other changes introduced in recent years to improve the way sex offenders are managed – show that we are on their side.”

Background:

The Justice 2 Committee published its report on the review of child sex offenders in December, 2006.

The Crimestoppers website currently contains a chapter seeking help on locating those suspected of committing a variety of serious offences. The section – entitled UK’s Most Wanted – contains photographs or e-fit pictures of the suspects, details of the crime under investigation, as well as any other relevant information, such as the suspect’s name, distinguishing features and places they are known to frequent.

On November 17, 2006, the CEOP Centre launched a separate page on the site to display photographs of five high risk sex offenders who have previously offended against children, and who have failed to comply with the notification requirements of the sex offenders’ register.

The Executive and Crown Office are working with ACPOS, CEOP and Crimestoppers to progress the application of CEOP in Scotland. The decision to publish details of an offender will be taken by the police and the Crown Office on a case by case basis.

Professor Irving’s report on the operation of the sex offenders’ registration scheme was published in October 2005. This lead to provisions in the Police, Public Order and Criminal Justice (Scotland) Act which came into force on 1 September, 2006, which now:

• Require convicted sex offenders to provide the police with more information about themselves including details of passports, bank accounts and credit cards, to prevent them from adopting aliases

• Require sex offenders to provide a DNA sample to the police if this was not provided at the time of charge or conviction

• Give the police additional powers to enter and search a sex offender’s home for the purposes of risk assessment, monitoring or to check information held on the register

Meanwhile, the Executive has been working with ACPOS to develop the formal police warnings scheme, based around targeted disclosure, which was also one of Professor Irving’s key recommendations.

Other work measures undertaken by the Executive in recent years to help improve protection for the public from sex offenders and reduce the risk posed by these individuals includes:

Introducing the Protection of Children and Prevention of Sexual Offences Act. This enables 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

Introducing the Management of Offenders Act which requires local authorities, SPS and the police to jointly establish arrangements for assessing and managing the risk posed by sex offenders

Working with criminal justice agencies to create a new national concordat to improve the way local agencies work together to deal with sex offenders. This aims to improve information sharing among these organisations – in line with Cosgrove’s recommendations – to better manage the risk which sex offenders may pose

Rolling out ViSOR – the Violent and Sex Offenders Register – to all police forces in Scotland (supported by £625,000 funding from the Executive). Work is underway to extend the availability of ViSOR to local authorities and SPS is also giving active consideration to its availability. This is a UK wide shared database which enables the police to record information on sexual and violent offenders across their force boundaries. It is a valuable tool which contains a wealth of information on individuals, including their modus operandi, details of any orders and risk assessments. It also allows police to build a photographic library of the offender over time, including distinguishing marks and tattoos, making it more difficult for an individual to avoid detection