- Asked by: Gil Paterson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 22 February 2002
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Current Status:
Answered by Jim Wallace on 22 March 2002
To ask the Scottish Executive what processes are in place to ensure that no short-term sex offenders are released without a proper risk assessment and consultation with the relevant police force being undertaken and when these processes were put in place.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:The requirement to notify the police is placed on the offender. It has, nevertheless, been agreed following discussion with the other Criminal Justice Agencies, that the SPS will issue reminders about notification as part of the discharge process, and inform the police when relevant offenders are released.When a prisoner is liberated a notice summarising the notification requirements under the Sex Offenders Act is given to the prisoner. Copies are sent to the police in the area to which the prisoner is to be discharged, and to the relevant local authority social work department.These processes were put in place on 1 September 1997.Prisoners who are subject to post-release supervision, are allocated to a prison-based social worker on reception. An initial Risk Assessment is carried out in line with National Standards, and pre-release arrangements are in place for co-ordination between the prison and the community-based team, responsible for post-release supervision of the prisoner.
- Asked by: Gil Paterson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 22 February 2002
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Current Status:
Answered by Jim Wallace on 22 March 2002
To ask the Scottish Executive what guidance has been offered to the judiciary in regard to (a) sentencing and (b) what circumstances should be taken into account when deciding on the sentence for offences relating to (i) domestic abuse and (ii) sexual assault.
Answer
Sentencing is a matter for the independent judiciary and ministers do not issue sentencing guidelines. Sentencing in cases involving domestic abuse or sexual assault will depend on all the circumstances of the case, including any previous convictions of the accused.
- Asked by: Gil Paterson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 22 February 2002
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Current Status:
Answered by Jim Wallace on 22 March 2002
To ask the Scottish Executive which police force areas have been notified of the release of short-term sex offenders in each month since September 2001.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:Governors notify the relevant police forces, of those prisoners who are on the Sex Offender Register and are due for release. The specific information requested is not collated centrally.
- Asked by: Gil Paterson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 22 February 2002
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Current Status:
Answered by Jim Wallace on 22 March 2002
To ask the Scottish Executive what training has been offered to judges and sheriffs in the last three years and how many have taken part in these training courses.
Answer
All new members of the judiciary have participated in induction courses. There have also been refresher courses for serving sheriffs and a number of special events, for all the judiciary in particular on Human Rights legislation. All Supreme Court Judges and sheriffs have taken part in training at different times.
- Asked by: Gil Paterson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 08 March 2002
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Current Status:
Answered by Jim Wallace on 22 March 2002
To ask the Scottish Executive, further to the answer to question S1O-4668 by Mr Jim Wallace on 14 February 2002, what the proposed measures are in respect of making UK and foreign nationals convicted of sex offences abroad subject to the same registration requirements as such offenders convicted in the UK.
Answer
The measures proposed would be to enable the police, if they become aware that such an offender is in the UK, to apply to a court for an Order to Register as a Sex Offender. The intention is to impose the same requirements on an individual and have the same penalties as apply under the Sex Offenders Act 1997, as if they had been convicted in the UK.
- Asked by: Gil Paterson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 11 February 2002
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Current Status:
Answered by Jim Wallace on 11 March 2002
To ask the Scottish Executive what programmes for sex offenders are currently available in (a) prison and (b) the community, where these programmes are provided and what criteria must be met before sex offenders can access them.
Answer
(a) The Core Sex Offender Programme (STOP 2000) is currently available at HMP Barlinnie and HMP Peterhead.Criteria for this programme include a history of sex offending and appropriate cognitive ability. Those referred must agree to go onto the programme. Prisoners may be deemed not ready to take part in the programme in relation to a number of other criteria relating to literacy, physical and mental health and complete denial of offence.The Adapted Sex Offender Programme is available at HMP Peterhead and HMYOI Polmont.Criteria for this programme include a history of sex offending and cognitive level of borderline learning disability or below or social functioning problems. Again, the prisoner may be deemed not ready if they do not meet the other criteria such as mental and physical health, or are in complete denial.Sex offenders can also access Scottish Prison Service programmes for Anger Management, Cognitive Skills, Drugs, Problem Solving and Approved Activities in Relationships, Alcohol, Parenting and Drugs at most establishments.(b) The Scottish Executive funds local authorities through the 100% funding arrangements for criminal justice social work to provide programmes for sex offenders. Where a specific groupwork programme is not available in an area a qualified social worker will work with an offender on an individual basis to address his/her needs. All offenders subject to statutory supervision whether as part of a community sentence or on release from custody have access to programmes either on a group or individual basis. Offenders not subject to statutory post release supervision can access programmes by seeking voluntary assistance.
- Asked by: Gil Paterson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 11 February 2002
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Current Status:
Answered by Jim Wallace on 6 March 2002
To ask the Scottish Executive what plans there are to review the Sexual Offenders Act 1997.
Answer
Part I of the Sex Offenders Act was reviewed jointly by the Scottish Executive and the Home Office in 2000 and the results published as part of a public consultation in July 2001. Consideration is currently being given to what further steps are needed to strengthen the Act as a result of the review, building on the measures already introduced in the Criminal and Court Services Act 2000.
- Asked by: Gil Paterson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 11 February 2002
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Current Status:
Answered by Jim Wallace on 6 March 2002
To ask the Scottish Executive what action has been taken to provide sex offenders with learning disabilities with access to sex offender programmes while in (a) prison and (b) the community.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:The Scottish Prison Service runs a sex offender programme developed by HMPS specifically for sex offenders with borderline or learning disability problems. The programme is called Adapted STOP and runs for 70 sessions. It is being delivered at HMP Peterhead for adult sex offenders and HMYOI Polmont for young offenders.
- Asked by: Gil Paterson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 11 February 2002
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Current Status:
Answered by Jim Wallace on 6 March 2002
To ask the Scottish Executive what plans it has to review the arrangements made for child witnesses within the criminal justice system.
Answer
Officials from the Justice Department are currently chairing the Implementation Group set up to carry into effect the recommendations of the Lord Advocate's Working Group on Child Witness Support. These recommendations cover a wide range of issues related to the experience of children within the criminal justice system. One of the major recommendations relates to supporting children prior to and at court and highlights the role of a child witness officer. Another central recommendation tackles the task of improving the conduct of interviews and precognitions with young witnesses. The implementation of the recommendations seeks to adopt an approach to child witnesses which recognises their vulnerability and serves their particular interests within the existing criminal justice system.The Scottish Executive will also shortly be publishing a consultation paper looking at whether further changes to the law of evidence are required to assist vulnerable witnesses (including children). The paper will look at the current statutory definition of "vulnerable person" and discuss possible changes to the special measures available at the moment to assist such witnesses when giving evidence, as well as possible new special measures.
- Asked by: Gil Paterson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 11 February 2002
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Current Status:
Answered by Jim Wallace on 6 March 2002
To ask the Scottish Executive what progress has been made on developing and providing rehabilitation programmes in (a) prison and (b) the community for sex offenders who deny their crime.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:Apart from those who deny their offence completely, sex offenders who deny elements of their case are accepted for participation in SPS Sex Offender Programmes if they are prepared to attend, as research has shown that attendance in itself may help to address denial. There are no accredited or approved programmes currently provided in SPS specifically targeted at complete denial, although preliminary work is being carried out.