Written Question · S3W-37041 · Session 3
When it will act and what it will need to do to address the issues raised in the judgement of the Supreme Court of the United Kingdom that …
The question
To ask the Scottish Executive when it will act and what it will need to do to address the issues raised in the judgement of the Supreme Court of the United Kingdom that found that requiring sex offenders to register indefinitely on the sex offender register without the opportunity for review was incompatible with Article 8 the European Convention on Human Rights.
The answer
The UK Supreme Court has ruled that requiring sex offenders to register indefinitely on the sex offender register without the opportunity for review is incompatible with the European Convention on Human Rights (ECHR). England and Wales will have to introduce changes to give effect to this ruling. A case raising identical issues has been brought before the Court of Session in Scotland, and we have been asked by the court to demonstrate what steps we, in Scotland, are taking to make the law here ECHR compliant.
In making the law ECHR compliant, public safety is an absolute priority. In recent years we have toughened up the safeguards in place, such as improving risk assessment of sex offenders and the roll out of the successful community disclosure scheme, and our focus must be on enabling the police to manage offenders who pose a continuing risk of sexual harm.
On 25 October 2010 we will make, lay and bring into force an urgent order under section 12 of the Convention Rights (Compliance) (Scotland) Act 2001 to address the Supreme Court ruling.
Judges will still have the power to place someone on the sex offenders register for life and indefinite registration for serious sex offenders will continue. The order will introduce a mechanism to provide those placed on the register for life with the right to a review after a set period of time. Offenders who are convicted of a sexual offence as adults (over the age of 18) will be eligible for review after 15 years on the register. For offenders who were convicted when they were under 18, this period will be eight years.
No offender will be automatically removed from the register when the review date is reached. The police will carry out a robust assessment of every offender who reaches the review date, taking into account a range of information, including any risk assessments carried out through the multi-agency public protection arrangements. A senior police officer will decide whether the risk posed to the public by the offender requires them to remain on the register.
The offender will be able to appeal the police decision to a Sheriff and the decision of the Sheriff to grant or refuse an appeal can be appealed to the Sheriff Principal, whose decision is final.
This review mechanism, which is supported by the police, will ensure that public protection is the foremost consideration in meeting the requirements placed on us by the ECHR.
In making the law ECHR compliant, public safety is an absolute priority. In recent years we have toughened up the safeguards in place, such as improving risk assessment of sex offenders and the roll out of the successful community disclosure scheme, and our focus must be on enabling the police to manage offenders who pose a continuing risk of sexual harm.
On 25 October 2010 we will make, lay and bring into force an urgent order under section 12 of the Convention Rights (Compliance) (Scotland) Act 2001 to address the Supreme Court ruling.
Judges will still have the power to place someone on the sex offenders register for life and indefinite registration for serious sex offenders will continue. The order will introduce a mechanism to provide those placed on the register for life with the right to a review after a set period of time. Offenders who are convicted of a sexual offence as adults (over the age of 18) will be eligible for review after 15 years on the register. For offenders who were convicted when they were under 18, this period will be eight years.
No offender will be automatically removed from the register when the review date is reached. The police will carry out a robust assessment of every offender who reaches the review date, taking into account a range of information, including any risk assessments carried out through the multi-agency public protection arrangements. A senior police officer will decide whether the risk posed to the public by the offender requires them to remain on the register.
The offender will be able to appeal the police decision to a Sheriff and the decision of the Sheriff to grant or refuse an appeal can be appealed to the Sheriff Principal, whose decision is final.
This review mechanism, which is supported by the police, will ensure that public protection is the foremost consideration in meeting the requirements placed on us by the ECHR.
In the Official Report
No contribution in the Official Report cites S3W-37041 by reference.