A safer place for all our children

10:46am Tuesday 19th December 2006

The Press Change It! campaign has closed a loophole in the law to protect children against kidnappers. CHARLOTTE PERCIVAL examines the impact of the changes.

FOR many families, it been a long time coming.

But thanks to our Change It! campaign, more offenders found guilty of crimes which could have a sexual motive will now be added to the sex offenders register.

Change It!, launched eight months ago, fought to close the loophole which prevented judges from putting people who abduct or attempt to abduct children on the sex offenders' register.

We succeeded, and for the first time, the authorities will be able to monitor their movements and activities on leaving prison.

But the amendments to the Sexual Offences Act 2003 will mean more than that. People cautioned or convicted of offences such as theft and harassment could also have to comply with the sex offenders' register for at least five years, if police believe they pose a risk of serious sexual harm.

Police will also be able to apply for a sexual offences prevention order (SOPO), which can impose an exclusion zone on an offender and prohibit their behaviour, such as forbidding them from travelling within a certain distance of a school or park.

Home Office Minister Vernon Coaker today said the changes would strengthen the monitoring and management of sex offenders.

He said: "We need to make sure that courts and the police have all the necessary tools to protect the public.

"That is why we are amending the act to include a broader range of offences which can lead to an offender having to comply with the sex offenders' register or being subject to a sexual offences prevention order. The offences may not seem inherently sexual, but could have had a sexual motive. These changes are necessary to strengthen the monitoring and management of sex offenders."

Detective Inspector Nigel Costello, of York Police, said the amendments would give greater protection to the public.

"They're moving in the right direction," he said.

"There's always going to be little glitches that come up and you think the law lords haven't foreseen this', and this (the loophole regarding abduction) was missed the first time round.

"The good thing is that is through the campaign and everything else that's happened it's been put right.

"They're trying to protect people."

Det Insp Costello said the changes to the law in 2003 had been a benefit to the public too. It made it easier to protect people and offered greater powers to police in investigating crimes, detaining offenders and to judges when sentencing, he said.

There had, however, been problems keeping track of people who had committed offences such as abduction, who were not then subsequently placed on the sex offenders' register.

"Before, we had no knowledge about their movements or control over them and if they moved out of our area we'd find it very difficult," he said.

"Now, if everything works as it should do, if somebody leaves York and travels elsewhere, at least we will be notified and the other force will have all their history of what their offending is. It should offer greater protection to the public."

National Children's charity the NSPCC also welcomed the change in the law.

"The NSPCC welcomes any thoughtful changes in legislation and guidance to the judiciary which means that children are better protected," said a spokesman.

"It is always heartening when policy-makers and politicians listen to those who present a carefully - argued case for reform, based on the recognition of a loophole and a genuine desire to protect children.

"This is good news for children.

"And yet still the NSPCC repeats its message that safeguarding children is the responsibility of us all, not just the professionals.

"If anyone is concerned about a child, don't do nothing - do something. The NSPCC 24 hour Child Protection HelpLine is 0808 800 500".

What the changes to the law actually mean

Certain sexual offences - such as rape, sexual assault, sexual grooming and exposure - can automatically result in an offender being placed on the sex offenders' register. These are listed at Schedule 3 to the Sexual Offences Act 2003.

Other offences, while not traditionally seen as sex offences, could have had a sexual motive, and are listed on Schedule 5.

For offenders convicted of these offences, it is open to the police to apply for a Sexual Offences Prevention Order and place the offender on the sex offenders' register if they believe they pose a risk of serious sexual harm.

The order being laid now will move three other offences - involving children in prostitution or pornography - from Schedule 5 to Schedule 3.

This means complying with the sex offenders' register can be automatic for offenders convicted or cautioned of those offences now on Schedule 3, rather than at the discretion of the police and courts.

Seven offences are also being added to Schedule 5. They include child abduction (by a parent or stranger), theft and harassment.

They have bad intentions

YORK child abuse victim Sharon Tate was relieved to hear the loophole had been closed.

"It's wonderful," she said. "They (someone who has abducted or tried to abduct a child) should be on the sex offenders' register.

"They shouldn't be allowed to try it again."

Sharon believes an abductor should be treated as a sexual or dangerous offender.

"If you are abducting a child, you obviously have bad intentions towards that child," she said.

"There are so many cases of children being abducted - and then sexually assaulted and murdered."

However, as a mother-of-one, Sharon said she would like the public to have more information about people on the register living in their community.

"Having put somebody on the register myself, I want the world to know he's on there," she said.

"I think if somebody's living in your area and people find out they're on the register then there'd be a lot of trouble, but personally, I'd rather be aware of it."

Living in fear of another attempt

Allison Dodd will never forget the day her nine-year-old son was almost abducted.

Scott Walker, of Clifton Moor, was innocently playing in the street with his friends when a stranger approached him, put his arm around him and led him away.

A neighbour, who saw what was happening, alerted Allison, who ran after him and confronted him.

The man was never caught, said Allison, but she lives in fear something similar could happen again.

"I still worry now, I worry about him all the time," she said. "Scott has got over it now, he is perfectly happy, but it's always on my mind.

"I do think people who abduct children should be on the sex offenders' register.

"Why do they try and abduct children? They've only got one thing on their mind."

Parents should always watch children on their street to make sure they're safe, Allison said, especially since what happened to Scott.

"It's good the loophole is closed but I will always worry," she said.

How The Press led the way

"THIS will result in the protection of countless children across the UK forever."

Those were the words of children's campaigner Sara Payne, after the Home Office indicated it would change the law on child abduction.

Change It!, our award-winning campaign drew support from Sara, whose daughter, Sarah, was abducted and murdered by paedophile Roy Whiting.

"None of this could have happened without the incredible support of The Press - media at its best," she said at the time. Change It! was launched after the case of 13-year-old Natalie Hick, who fought off Terry Delaney after he tried to kidnap her at a bus stop.

York's top judge Paul Hoffman, expressed outrage that he could not place Delaney on the register as abduction was not classed as a sexual offence.

The MP for York, Hugh Bayley, quickly became involved in the campaign, becoming a strong supporter of Change It! in Parliament.

"The paper did a huge public service in highlighting Judge Hoffman's comments about an anomaly in the law," Mr Bayley said yesterday.

"It focused the Government's mind on the problem and won the support of top politicians of all parties."

Shadow Children's Minister Tim Loughton also offered his support.

"I am delighted the Government has undertaken this review and given parliamentary time to close the loop hole in the law.

"I have to congratulate The Press for its excellent campaign on this and determination to see it through.

"This issue has won cross party backing since The Press brought it up, and the pressure put on the Government to plug this loophole and protect are children has finally paid off."

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