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Parliamentary report recommends 'Increased Community Notification'
on Sex Offenders

CJSUB2001/2006 | 15 December 2006

High-risk sex offenders who fail to co-operate with the relevant authorities on matters of significance should have their details provided to local communities and made more widely available on the web, according to a report published by the Scottish Parliament’s Justice 2 Sub Committee.

View the committee report (pdf 2 MB)

The report, following the sub committee’s Inquiry into the Justice System (Child-Sex Offenders) recommends that where appropriate, internet sites should be used to notify the public when there is particular concern about an offender.

Convener of the sub committee Jackie Baillie MSP said:

"Our committee found that third party disclosure in relation to sex offenders is already permitted by current legislation and is frequently and widely used in Scotland on a case-by-case basis using the ‘pressing needs’ test.

"We are asking that the Scottish Executive take steps to reassure the public that existing powers of third-party notification in relation to sex offenders are used appropriately where there is concern about a particular sex offender.

"We are also seeking disclosure of details of high-risk sex offenders who fail to co-operate with the relevant authorities on matters of significance. Their details should be provided to local communities and be made more widely available on the web.

"On the basis of evidence we received we do not support the blanket release of sex offender’s information to the public. The sub committee heard that such notification would be counter productive to the effective monitoring, supervision and treatment of sex offenders.”

The sub committee’s inquiry was undertaken against the background of the murder of Mark Cummings by a convicted, registered sex offender in 2004. His mother Margaret Ann Cumming’s lodged a petition in June 2005.

In her petition Ms Cummings called for the Parliament to urge the Scottish Executive to conduct a full review of the current system for dealing with and monitoring convicted child-sex offenders.

In the report the sub-committee also recommends that:

• all those on the sex offenders register should be subject to clear conditions for the entire time they are on the register and that any breach of those conditions should be an offence arrestable without warrant leading to the possible return to prison or further prosecution as the circumstances of the case allow.

• in cases involving the safety of children the police should have the power to enter and search without warrant the premises of any known or registered sex offenders within the immediate vicinity, area, or neighbourhood, as appears reasonable in the circumstances of the case. (One member of the committee dissented to this recommendation*.)

• it is made compulsory for all application forms for social rented housing to require information on whether the applicant is subject to notification requirements under the Sexual Offences Act 2003 and for it to be a criminal offence not to provide this information.

The Justice 2 Committee will now be asked to adopt the report and the recommendations therein.

Background

Establishment of the Justice 2 Sub-Committee

The Justice 2 Sub-Committee was tasked with inquiring into issues concerning the current system for dealing with and monitoring convicted child-sex offenders and to report its findings to the Justice 2 Committee by 31 December 2006.

Remit of the Justice 2 Sub-Committee

The remit of the inquiry is to consider:

• The extent of information which local communities should receive on child sex offenders within their locality.

• The way in which housing is allocated to sex offenders.

• Whether steps need to be taken to distinguish sexual offences against children from such offences against adults.

• Whether changes need to be made to the way in which sexual offences against children are considered and disposed of by the courts, and in particular, whether adequate sentencing options exist.

* Jeremy Purvis dissented on the basis that any decision on police powers to enter property without warrant should not be made in isolation depending on the alleged offence, rather the focus should be on having very swift procedures for securing warrants if there is suspicion that a certain individual may be involved in an offence.

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