Sex offender controls to be tightened
24 Oct 05
Police powers to be extended to combat risk in community, but "Mark's law" rejected
Justice Minister Cathy Jamieson today announced new tougher powers for the police to combat the risks posed by sex offenders.
The proposals include telling certain persons such as employers or landlords of an offender's history if they ignore warnings about their behaviour. However, they fall short of alerting local communities to the presence of a sex offender in their area - the so-called "Mark's Law", after eight-year-old Mark Cummings who was assaulted and killed by a known sex offender living in the same tower block in Royston, Glasgow, last year.
Review
The review of how the sex offenders register operates was ordered after Mark's murder and led by Professor George Irving, whose report is published today. There are around 3,000 people on the register in Scotland.
Under the new proposals, registered sex offenders whose whereabouts or activities cause concern will be formally warned by the police. If they ignore the warning the police will be able to tell relevant third parties such as employers, leisure centre bosses, flat concierges and certain households where an offender is living.
Additional powers
Police are also to be given additional powers to enter and search a sex offender's home to carry out risk assessments, monitoring or to check information held on the register. Offenders will also be required to provide a DNA sample to the police if this was not done when they were charged or convicted, and more information including details of passports, bank accounts and credit cards.
Concerns have been expressed by human rights specialists that additional publicity for individuals could lead to vigilante attacks.
"Heartfelt pleas"
Introducing the proposals, Ms Jamieson said: "I am aware of the heartfelt pleas from communities - not least those campaigning after Mark Cummings' murder - for there to be fuller disclosure of information to local people when a sex offender is living in their midst. Previous expert groups have looked at this and concluded that such a move might hinder and not help the authorities to keep offenders in their sights. Prodessor Irving has backed that view but has called for a formal warning system to bring clarity and transparency to the process.
"I agree and intend to work with the police on creating a system to enable chief constables, on a case by case basis, to provide information on a sex offender's background or location to particular third parties, if they continue to ignore police warnings about their behaviour. This will send a clear message to offenders and communities that a sex offender who does nothing to contribute to his rehabilitation and monitoring cannot also expect a lifelong blanket of anonymity."
Challenge to Act
Meanwhile, lawyers are challenging the current sex offenders register system after a 14-year-old boy who committed a serious sexual offence was placed on the register indefinitely. It is claimed that the provision in the Sexual Offenders Act 2003 under which those sentenced to five years or more are placed on the register indefinitely, breaches the European Convention on Human Rights and that children should be treated differently from adults. At present there is no power to have an entry on the register reviewed.
The 2003 Act was passed by the Westminster Parliament with consent of the Scottish Parliament through a Sewel motion.