Ending conversion practices in Scotland: consultation summary

Part 14: Civil Orders – Considerations

Breaching a conversion practices civil order

80. We believe that there must be a criminal penalty for breaching a civil order. This will ensure they are effective as a deterrent, therefore working towards our overall goal of ending conversion practices in Scotland.

81. In line with other existing legislations which contain civil orders, we propose the following sentencing range for breaching a conversion practices civil order:

• on summary conviction: imprisonment for a period not exceeding 12 months, a fine not exceeding the statutory maximum, or both
• on conviction on indictment (solemn procedure): a sentence of imprisonment not exceeding 2 years, a fine, or both

Who would be able to apply for an order?

82. Due to the nature of conversion practices, persons at risk may be reluctant to come forward and request a protection order, or may not be aware that they are a victim of conversion practices. That is why it is essential that family, friends, or a support organisations are able to apply for an order in relation to a person at risk.

83. Our proposal is that the following people could apply for a new conversion practices civil order when it is in relation to an specific person to be protected:

• the person to be protected
• the police
• local authority
• a third party (only with leave of the court)

84. Where an order is being applied for to address systemic conversion practices, or to protect the community as a whole (rather than a specific individual), we propose that only the following people should be able to apply:

• the police
• local authority

29. Do you agree or disagree with the proposals for who should be able to apply for a conversion practices civil order?

Agree

Do not agree

Don’t know

30. Please explain your answer to Question 29.

Extra-territorial effect

85. The Scottish Government believes that it is essential for conversion practice protection orders to protect individuals from being taken outside of Scotland for the purpose of conversion practice, and also to be based on conduct that took place outside of Scotland. We therefore propose the courts will be able to:

• include conditions preventing a person from being taken out of Scotland for the purpose of conversion practices
• include requirements or prohibitions in relation to conduct that takes place outside of Scotland

Children and young people

86. It is important that any new legislation does not put any child at risk or interfere with the existing multi-agency framework that currently exists to protect children. When dealing with children, multi-agency child protection processes must be followed in line with the National Guidance for Child Protection in Scotland.

87. We believe that if the facts and circumstances of an act of conversion practices can be demonstrated, a local authority or other person will be able to obtain a Child Protection Order under sections 37-39 of the Children’s Hearings (Scotland) Act 2011 (asp 1).

88. We also propose that, during an application for a conversion practices protection order, the court should be able to refer the case to the Principal Reporter if it considers that one of the grounds for referral set out in the Children’s Hearings Act 2011 might apply.

31. Do you have any other comments regarding the civil order as set out in Parts 12–14?