Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
Encyclopedia
The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) is an act
of the Scottish Parliament
. The Protection of Children and Prevention of Sexual Offences bill
was announced to the parliament by the First Minister of Scotland
, Jack McConnell
, in September 2004. It was passed on 2 June 2005, receiving Royal Assent
on 12 July. The act introduced new offences related to child grooming
, which had been addressed in England and Wales under the Sexual Offences Act 2003
.
which introduced new legislation into England and Wales, there were calls by politicians and the police for similar laws to come into force in Scotland. There were concerns that the existing legislation made it difficult to prosecute people for child grooming before any sexual abuse had taken place. Some people suspected of grooming children over the internet for sex abuse had been charged with breach of the peace or lewd and libidinous practises. The Protection of Children and Prevention of Sexual Offences Act is one of several pieces of legislation introduced worldwide in the 2000s to introduce offences specifically related to child grooming. Other countries adopting similar laws included Australia, Canada, New Zealand and the United States.
The first part of the act makes it an offence to "meet a child following certain preliminary contact". It is an offense if a person ("A") has met or communicated with the child ("B") previously, "intends to engage in unlawful sexual activity involving B or in the presence of B", the child is under 16 years of age, and person A "does not reasonably believe that B is 16 or over".
The act allows the police to apply for a risk of sexual harm order (RSHO) for a person who has committed certain acts (at least two) related to child sex abuse, and is believed to be at risk to a particular child or children in general. The relevant acts referred to are "engaging in sexual activity involving a child or in the presence of a child", "causing or inciting a child to watch a person engaging in sexual activity or to look at a moving or still image that is sexual", "giving a child anything that relates to sexual activity or contains a reference to such activity" and "communicating with a child, where any part of the communication is sexual".
MSP
Robin Harper
raised concerns that only four people had been prosecuted under the act. He said that the act "clearly isn't working". The government responded that the act only covers particular offences and that in that year, under various legislation, 234 people in Scotland had been convicted of child sex offences.
A related act, the Sexual Offences (Scotland) Act 2009
was passed by the parliament in 2009.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
. The Protection of Children and Prevention of Sexual Offences bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
was announced to the parliament by the First Minister of Scotland
First Minister of Scotland
The First Minister of Scotland is the political leader of Scotland and head of the Scottish Government. The First Minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy...
, Jack McConnell
Jack McConnell
Jack Wilson McConnell, Baron McConnell of Glenscorrodale is a British Labour life peer in the House of Lords. He was third First Minister of Scotland from 2001 to 2007, making him the longest serving First Minister in the history of the Scottish Parliament...
, in September 2004. It was passed on 2 June 2005, receiving Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 12 July. The act introduced new offences related to child grooming
Child grooming
Child grooming refers to actions deliberately undertaken with the aim of befriending and establishing an emotional connection with a child, in order to lower the child's inhibitions in preparation for sexual activity with the child, or exploitation .Child grooming may be used to lure minors into...
, which had been addressed in England and Wales under the Sexual Offences Act 2003
Sexual Offences Act 2003
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...
.
Background and legislation
Following the Sexual Offences Act 2003Sexual Offences Act 2003
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...
which introduced new legislation into England and Wales, there were calls by politicians and the police for similar laws to come into force in Scotland. There were concerns that the existing legislation made it difficult to prosecute people for child grooming before any sexual abuse had taken place. Some people suspected of grooming children over the internet for sex abuse had been charged with breach of the peace or lewd and libidinous practises. The Protection of Children and Prevention of Sexual Offences Act is one of several pieces of legislation introduced worldwide in the 2000s to introduce offences specifically related to child grooming. Other countries adopting similar laws included Australia, Canada, New Zealand and the United States.
The first part of the act makes it an offence to "meet a child following certain preliminary contact". It is an offense if a person ("A") has met or communicated with the child ("B") previously, "intends to engage in unlawful sexual activity involving B or in the presence of B", the child is under 16 years of age, and person A "does not reasonably believe that B is 16 or over".
The act allows the police to apply for a risk of sexual harm order (RSHO) for a person who has committed certain acts (at least two) related to child sex abuse, and is believed to be at risk to a particular child or children in general. The relevant acts referred to are "engaging in sexual activity involving a child or in the presence of a child", "causing or inciting a child to watch a person engaging in sexual activity or to look at a moving or still image that is sexual", "giving a child anything that relates to sexual activity or contains a reference to such activity" and "communicating with a child, where any part of the communication is sexual".
Impact
In 2009, Green PartyScottish Green Party
The Scottish Green Party is a green party in Scotland. It has two MSPs in the devolved Scottish Parliament, Alison Johnstone, representing Lothian, and Patrick Harvie, for Glasgow.-Organisation:...
MSP
Member of the Scottish Parliament
Member of the Scottish Parliament is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament.-Methods of Election:MSPs are elected in one of two ways:...
Robin Harper
Robin Harper
Robin Harper FRSSA is a Scottish politician, and was a Member of the Scottish Parliament for the Lothians region. He was co-convener of the Scottish Green Party...
raised concerns that only four people had been prosecuted under the act. He said that the act "clearly isn't working". The government responded that the act only covers particular offences and that in that year, under various legislation, 234 people in Scotland had been convicted of child sex offences.
A related act, the Sexual Offences (Scotland) Act 2009
Sexual Offences (Scotland) Act 2009
The Sexual Offences Act 2009 is an Act of the Scottish Parliament. It creates a code of sexual offences that is said to be intended to reform that area of the law....
was passed by the parliament in 2009.