Scottish Government
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Sex offender data published

Fewer than one in 60 of Scotland's registered sex offenders reoffended in 2008-09, according to figures published today.

Data showing how police, prison and local authorities currently work together to manage sex offenders and protect the public has been published.

This is the second year that each of Scotland's Community Justice Authority (CJA) areas have published detailed reports on how the responsible authorities in their areas are managing sex offenders in the community.

The Multi-Agency Public Protection Arrangements (MAPPAs) came into force in April 2007, ensuring the police, the Scottish Prison Service and local authorities, working with other agencies where required, jointly assess, share information about and manage certain offenders in the community.

The reports for 2008-09 show that across Scotland:

  • 2,967 registered sex offenders were living in Scottish communities with a further 798 in custody on March 31, 2009
  • 2,825 offenders complied with the notification requirements of the sex offenders register
  • 136 breaches of the notification requirements were reported, 47 fewer than for 2007-08
  • 44 offenders were charged with a further sexual or violent offence - representing one in 68 of those managed (1.48 per cent)

Justice Secretary Kenny MacAskill said:

"Sexual offences are not a modern day phenomenon. The sad reality is that sex offenders and the threat they pose have existed for all of human history. But what has improved is the way in which they are managed.

"Since devolution, three expert reviews and a cross-party inquiry have led to significant reforms to how these individuals are managed and only last month, Tayside Police began a pilot project that will entitle parents to know if a sex offender has access to their children.

"MAPPAs have strengthened how police, social work and other agencies work together to assess, monitor and reduce risks posed by convicted sex offenders. While they can't always be foreseen or eliminated, these agencies are working increasingly effectively to identify and minimise risks and protect the public.

"While it is clearly worrying when any sex offender reoffends, it is encouraging that the reoffending rate last year equates to one in 68 when the general reoffending rate is far higher.

"Today's reports are evidence that the comprehensive joint approach delivered through MAPPAs are working in practice. They clearly demonstrate that when sex offenders breach their conditions, it is dealt with swiftly.

"Dealing with the complex problem of sex offending requires dedicated professionals working together to take difficult decisions in the interests of public protection. We must all continue to be vigilant and share information. Scotland is one of the leading countries in the world in terms of its approach to the management of sex offenders and we will continue to strengthen our approach to dealing with them."

Deputy Chief Constable Bill Harkins of ACPOS said:

"Since the publication of last year's annual reports MAPPA has continued to develop in Scotland. ACPOS has remained engaged with our partners in social work, prisons, health and others and the work we do together is helping to enhance the level of protection provided to the public.

"Managing offenders who pose a high risk of harm is not an exact science and the agencies are learning from each case. We value our close relationship with Government which has provided the opportunity to trial new techniques such as the Sex Offender Disclosure Pilot which we anticipate will help to protect children and empower parents.

"MAPPA has helped cement the relationships between the 'responsible authorities' and 'duty to co-operate' agencies. These relationships continue to produce new opportunities for information sharing, problem solving and collaborative working."

Sandy Riddell, Director of Community Services Moray Council, and Convenor of the ADSW Criminal Justice Standing Committee, said:

"ADSW welcomes the publication of the annual reports for the second year of the operation of MAPPA in Scotland. ADSW remains fully committed to the principle that effective assessment and management of sex offenders requires close collaborative working between responsible authorities and that the MAPPA process strengthens such collaborative working.

"Since the publication of the first MAPPA reports last year a significant amount of work has been undertaken to develop practice in the assessment and management of high risk offenders and this ranges from the training of front-line staff to the development of strategic oversight groups for MAPPA. The training provided has been initiated both locally and nationally and delivered on a multi disciplinary basis, reflecting the good collaborative working operational practice of the responsible authorities and duty to cooperate agencies.

"All CJA areas have now developed strategic oversight arrangements, which amongst other things will monitor MAPPA performance and quality assurance and plan the long term development of the MAPPA.

"The MAPPA reports for 2008-2009 evidence the continued good collaborative practice in this demanding area of work. Currently all agencies are involved in reviewing the new draft MAPPA guidance and it is important that this guidance is continually reviewed and revised to ensure that it effectively guides all agencies involved through the MAPPA process and assists in the continued improvement of MAPPA."

The Management of Offenders etc. (Scotland) Act 2005 established the MAPPAs and placed them on a statutory basis. The legislation requires the police, Scottish Prison Service and Local Authorities (acting jointly as the 'Responsible Authority') in each of the eight Community Justice Authority areas of Scotland:

  • To establish arrangements for assessing and managing the risks posed by registered sex offenders
  • To review and monitor the arrangements
  • As part of the reviewing and monitoring arrangements, to prepare and publish an annual report on their operation

Other agencies have been placed under a duty to co-operate with the Responsible Authority. These include:

  • Health Boards
  • The Principal Reporter to the Scottish Children's Reporter Administration
  • Housing Providers which accommodate MAPPA offenders
  • Electronic Monitoring providers

MAPPA is the term to describe the arrangements set up locally to assess and manage offenders who pose a risk of serious harm. There are three categories of offender eligible for MAPPA:

Category 1: Registered Sex Offenders - sexual offenders required to comply with the notification requirements (often referred to as registration) set out in the Sexual Offences Act 2003

Category 2: Violent offenders - violent offenders convicted on indictment of a crime inferring personal violence and who are on probation or subject to licence following release

Category 3: Other Offenders - offenders who do not fall into categories 1 or 2, but who have been convicted of an offence which leads the responsible authorities to believe that they continue to pose a risk of serious harm to the public and require multi agency management

National MAPPA guidance indicates the use of 3 levels of management:

  • Level 1: the risks posed by the offender are such that they could be competently managed by a single agency without significantly involving other agencies. The majority of MAPPA cases fall into this level
  • Level 2: Inter-agency risk management. This level of risk or complexity of the case is effectively managed by active involvement of more than one agency
  • Level 3: Multi-Agency Public Protection Panels (or MAPPPs). The criteria for these critical few cases present as high or very high risk and require close co-operation and oversight at a senior level

Sexual Offences Prevention Orders, Notification Orders and Foreign Travel Orders are intervention tools that restrict the behaviour of offenders and can be applied for through the courts with the intention of preventing them committing serious further offences. A breach of these orders is a criminal offence subject to a penalty of up to five years' imprisonment.

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