Child Protection Guidance 2021

Part 4: Specific support needs and concerns 162 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 The 2005 Act also includes provisions for Risk of Sexual Harm Orders (RoSHOs) including interim orders, which are civil preventative orders aimed at protecting children from those who display inappropriate sexual behaviour towards them. To obtain a RoSHO, it is not necessary for the individual to have a conviction for a sexual (or any) offence. However, they must have done one or more of the following acts on at least two occasions: • engaged in sexual activity involving a child or in the presence of a child • caused or incited a child to watch a person engaging in sexual activity or to look at a moving or still image that is sexual • given a child anything that relates to sexual activity or contains a reference to such activity • communicated with a child when part of the communication is sexual and as a result of those acts there is reasonable cause to believe a RoSHO is necessary. The 2005 Act extends the use of Sexual Offences Prevention Orders (SOPOs) under the Sexual Offences Act 2003, so that they can be applied to those convicted of sex offences by the court when they are sentenced. Both SOPOs and RoSHOs place conditions (i.e. prohibitions and positive obligations) on those subject to the orders. It is intended that RoSHO will be replaced in 2021 by Sexual Risk Orders (SROs) as provided for by sections 26 to 38 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. The grounds and conditions on which the SROs can be made are wider than those for the previous order, so it could be used by the police to manage risk against adults as well as children. A court will be able to grant a new order if it is satisfied that it is necessary to protect a person from ‘sexual harm’. Accompanying Scottish guidance will be available on the application for, as well as the application of, SROs. Also relevant • Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 • Definitions and legal references in relation to CSE may be found in a practitioner briefing (Scottish Government 2016). https://www.gov.scot/publications/child-sexual- exploitation-definition-practitioner-briefing-p aper/ A practice insight on this topic has been drafted to illustrate and explain key practice considerations, offer a resource, prompt reflection and signpost selected sources. It can be found in the Practice Insights supporting document alongside this Guidance. Resources and References – Child sexual abuse