What is the ‘Sex Offender Register’?
Contrary to most people belief, there isn’t an actual “register”. The phrase actually refers to notification requirements imposed on some offenders convicted of sexual offences. Over 50,000 individuals are currently subject to notification requirements.
The duration of the notification obligation depends on the sentencing disposal and the age of the offender. The relevant periods for adult offenders are detailed below:
What are the notification requirements?
The notification requirements imposed are quite complex. In the main they revolve around keeping the police informed of residence and travel plans, changes to personal details, whether residing in a household with a child, bank and credit card details and passport/identity documents.
If for any reason you do not understand your full obligations in this regard, so contact us as we can give specific advice.
What happens if I do not abide by the notification requirements?
Non-compliance means that you may have committed a criminal offence, any breach is always treated seriously by a court which has the power to punished the offender up to a maximum of 5 years imprisonment.
Was is Indefinite notification?
It can be seen from the table above that some offenders are subject to the notification regime for an indefinite period. Until a court judgment in 2012, that meant for life. However, a change in the law now means that some offenders can apply to have indefinite notification requirements removed. Please note that if you are subject to notification requirements for a fixed term, this cannot be reduced.
When can I make that application to remove notification requirements?
An adult can apply after 15 years a juvenile after eight years. However, if you are also subject to a Sexual Offences Prevention Order, that must be removed before an application can be made in respect to notification requirements, we can of course assist you with this.
How do I make the application?
There is a 2-stage process. Initially, there is an application to the police. If the application is refused, you can then appeal to a magistrates’ court.
Do the police always refuse these requests?
You might think so, but in our experience, this is not always the case. It is not the case that you can simply write a letter to the police and it is important that you obtain professional advice and assistance in drafting your application as the police have to apply the following statutory test.
In determining an application, the police must—
(1) have regard to information (if any) received from a responsible body;
(2) consider the risk of sexual harm posed by the offender and the effect of a continuation of the indefinite notification requirements on the offender; and
(3) take into account the matters listed below:
(a) the seriousness of the initial offence;
(b) the period of time which has elapsed since the offender committed the offence (or other offences);
(c) where the offender falls within section 81(1) of the 2003 Act, whether the offender committed any offence under section 3 of the Sex Offenders Act 1997;
(d) whether the offender has committed any offence under section 91 of the Act;
(e) the age of the offender at the qualifying date or further qualifying date;
(f) the age of the offender at the time the offence was committed;
(g) the age of any person who was a victim of any such offence (where applicable) and the difference in age between the victim and the offender at the time the offence was committed;
(h) any assessment of the risk posed by the offender which has been made by a responsible body under the arrangements for managing and assessing risk established under section 325 of the Criminal Justice Act 2003;
(i) any submission or evidence from a victim of the offence giving rise to the indefinite notification requirements;
(j) any convictions or findings made by a court (including by a court in Scotland, Northern Ireland or countries outside the United Kingdom) in respect of the offender for any offence listed in Schedule 3 other than the one referred to in paragraph (a);
(k) any caution which the offender has received for an offence (including for an offence in Northern Ireland or countries outside the United Kingdom) which is listed in Schedule 3;
(l) any convictions or findings made by a court in Scotland, Northern Ireland or countries outside the United Kingdom in respect of the offender for any offence listed in Schedule 5 where the behaviour of the offender since the date of such conviction or finding indicates a risk of sexual harm;
(m) any other submission or evidence of the risk of sexual harm posed by the offender;
(n) any evidence presented by or on behalf of the offender which demonstrates that the offender does not pose a risk of sexual harm; and
(o) any other matter which the relevant chief officer of police considers to be appropriate.
How can we assist?
The appeal process is detailed and complicated, Burton Copeland can assist in gathering evidence and material necessary to support your application and make the relevant legal submissions on your behalf ensuring that your application has the very best chance of success either to the police or the court.