Two-year delay in new curbs on sex offenders How the system is supposed to work

DANGEROUS sex offenders are not being properly monitored because of an ‘outrageous’ delay by the Scottish Government in handing new powers to police.

In 2016, the Scottish parliament backed the introduction of Sexual Harm Prevention Orders (SHPOs).

However, despite the law being passed two years ago, SNP ministers have so far failed to activate these powers – meaning police in Scotland cannot apply for SHPOs. The orders, which have been introduced in England and Wales, allow police to monitor registered sex offenders and restrict their movements and activities.

Last night, campaigners accused Scottish ministers of ‘dragging their feet’. Margaret-Ann Cummings – whose eight-year-old son Mark was murdered by convicted paedophile Stuart Leggate in Glasgow in 2004 – said: ‘This is just lazy government.

‘Not for the first time, we see England and Wales tighten up their laws around registered sex offenders, Scotland appearing to follow suit but then not bothering to see the job through. It’s outrageous.

‘The police are doing their job in spotting the danger and getting these applications before a judge. Why are they having to clear more hurdles, face longer delays and fill in more paperwork than the police down south, all of which simply plays into the hands of devious criminals looking for a way to stay off the radar of the authorities?

‘It’s time that the Justice Secretary started doing the job he’s paid to do: keeping communities safe.’

At the moment, Police Scotland cannot impose SHPOs but can only use Sexual Offences Prevention Orders (SOPOs), which were introduced in 2004 to help officers manage sex offenders where they have concerns about the risk to the public.

SOPOs were introduced amid fears over growing numbers of convicted predators being released into society.

It followed a catalogue of highprofile murders, including the deaths of Lawrence Haggart, 15, in Stirlingshire in 1996, nine-year-old Scott Simpson in Aberdeen in 1997 and eight-year-old Sarah Payne in Sussex in 2000.

Their killers – Brian Beattie, Steven Leisk and Roy Whiting – all had lengthy records of predatory sex attacks against children.

Breaching a SOPO is a criminal offence and carries a maximum punishment of five years in prison.

In 2015, England and Wales replaced them with SHPOs. Crucially, police there now only have to show that an offender presents a risk of ‘sexual harm’ rather than ‘serious sexual harm’, making it harder to oppose.

The Abusive Behaviour and Sexual Harm (Scotland) Act – designed to introduce the same reforms to Scotland – was passed in 2016, but ministers have yet to bring into force large parts of it, including measures to replace SOPOs with SHPOs.

Police Scotland would not comment on the legal discrepancy.

The Scottish Government claimed it had not introduced the new powers as the UK Government must first change the law to allow Scottish SHPOs to be enforceable south of the Border.

A spokesman said introducing them SEXUAL Offences Prevention Orders (SOPOs) were introduced 14 years ago to help police restrict the activities of offenders posing a risk of ‘serious sexual harm’.

Granted by a court, each SOPO is individually tailored and runs for a minimum of five years. An order can forbid a sex offender from being alone with or contacting women or children, ban them from certain places or prevent them from drinking or using computers.

In Scotland, they can also order offenders to take part in treatment programmes.

There are 535 active orders across Scotland – involving around one in seven of the registered sex offenders currently at liberty.

‘Not bothering to see the job through’

here in the meantime would be ‘completely irresponsible’.

They added: ‘Scotland has robust legislation in place for dealing with those who commit sexual offences.’

Official figures show as many as 35 registered sex offenders were convicted for breaching SOPOs in 2017-18.