Chamber and committees

The Chief Scientist Office (CSO) funded a research project in 1995-97, to evaluate the effectiveness of open learning training on sexual abuse in services to people with learning disabilities: Universities of Dundee, Keele and St Andrews; costing £89,998, Principal Investigator Prof. C Cullen. The research concluded that the open learning course was successful in improving student's knowledge of abuse, and enhanced attitudes to its causes. The Scottish Executive part-funded Beyond Trauma: Mental Health Care Needs Of Women Who Survived Childhood Sexual Abuse, a summary copy of which is available in the Parliament's Reference Centre (Bib. number 14287).The CSO is currently funding one project on child sexual abuse. This is a pilot study evaluating an early intervention service, for non-abusing parents of victims of child sexual abuse: Edinburgh University, costing £17,230, Principal Investigator Dr Fiona Forbes. A report on its effectiveness is due soon, and will be considered by the Health Services Research Committee in due course.

I announced on 19 February grant of £120,000 over the next three years to the Moira Anderson Foundation, to help raise awareness of the needs of survivors and to expand local self help groups, and £53,000 over the next two years to the Edinburgh Association for Mental Health, to evaluate operation of a national telephone helpline service for survivors of sexual abuse.

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.

I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:The legal 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, to relevant prisoners, as part of the discharge process, and inform the police when relevant offenders are released.When a prisoner is liberated, a notice that summarises the notification requirements under the Sex Offenders Act is given to the prisoner. A second copy is filed, a third copy is sent to the Chief Constable for the area to which the prisoner is to be discharged and a fourth to the Prison Social Work Unit for onward transmission to the relevant Community Social Work Department.

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.

(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.

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.

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.

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.

We have no such plans.