Anti-paedophile law passed
3 Jun 05
Protection of Children and Prevention of Sexual Offences Bill clears Scottish Parliament
The Executive's Protection of Children and Prevention of Sexual Offences (Scotland) Bill has been passed by the Scottish Parliament and will now be put to the Queen for royal assent.
The bill aims to improve the protection of children from sexual predators - including those who groom youngsters on the internet. Its main provisions:
- allow chief constables to apply to the sheriff court for a Risk of Sexual Harm Order (RSHO) to restrict the activities of individuals believed to pose a risk of sexual harm to children, even if they have not been convicted;
- create a specific offence to deal with those who groom children for the purposes of carrying out unlawful sexual activity;
- extend existing laws relating to those who seek to make and distribute indecent images of children and young people.
The bill also introduces new offences to deal with those who purchase sexual services from under 18s and those who encourage, control and arrange such services. The Executive aims to prevent them from being abused through prostitution, pornography and other forms of sexual exploitation.
An RSHO can be triggered if a person engages in a sexual activity involving, or in the presence of, a child, or causes a child to watch such activity (including via images), or gives a child anything that relates to such activity, or communicates with a child where any part of the communication is sexual. It will apply for a minimum of two years and will set out specific activities that the person must not do.
Another new form of order, a Sexual Offences Prevention Order (SOPO) can be imposed at the time of sentence, in order to restrict the movements of sex offenders on conviction, without the need - as at present - for further evidence of threatening behaviour post-conviction and a chief constable's application. The orders apply for a minimum of five years and require offenders to register under the Sexual Offences Act 2003. Like RSHOs, SOPOs specify activities that the person concerned must not do.
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 new legislation - part of a series of measures we are taking to tighten controls around sex offenders, will help us further improve the protection of our children from those who seek to harm them."