Until now, Scots law has had no specific offence targeting grooming – the practice of paedophiles contacting and gaining the trust of their victims.
Instead, Scottish enforcement agencies have been forced to rely on a mixture of statutory and common law offences, such as fraud, lewd and libidinous practices or breach of the peace, when trying to charge an adult for grooming.
This differs from the position in England and Wales, where a grooming offence was created by the Sexual Offences Act of 2003.
The new Scottish Act, the Protection of Children and Prevention of Sexual Offences (Scotland) Act, provides that an offence in relation to grooming will be committed by a person where:
Those found guilty of the offence face a maximum jail sentence of 10 years, the same maximum that exists in England and Wales.
"This new legislation – part of a series of measures we are taking to tighten controls around sex offenders, will help us further improve the protection of our children from those who seek to harm them," said Justice Minister Cathy Jamieson.
"It will allow chief constables to apply to the sheriff court for a Risk of Sexual Harm Order (RSHO) to restrict the activities of individuals who are believed to pose a risk of sexual harm to children even if they have not been convicted," she added.
The new Act also extends existing laws relating to those who seek to make and distribute child porn and introduces new offences to deal with those who purchase sexual services from under 18s and for those who encourage, control and arrange such services.
In addition it will enable a sentencing judge to impose a Sexual Offences Prevention Order to restrict the movements of sex offenders upon conviction, without the need as at present for further evidence of threatening behaviour post conviction and a chief constable's application.
