Sex Offenders Register

What is the Sex Offenders Register? Where can I find it?

The Sex Offenders Register isn’t a physical document that the public can access. People who have been convicted of most sexual offences are required to register with the police and provide certain details for a period of time (these are the ‘notification requirements’).

Who has to ‘sign on’?

Anyone convicted of a sexual offence that is listed in Schedule 3 of the Sexual Offences Act 2003. This includes all of the main offences as would be expected – rape, sexual assault and the like.

With certain (less serious) offences, it can depend on the sentence received and/or the circumstances. For example, if someone is convicted of exposure (exposing their genitals to another) then they will go on the Register if they are under 18 and they get a sentence of 12 months or more. Or, if they are over 18 and either the person that they exposed themselves to was aged under 18, or the individual is sent to prison or receives a Community Order of 12 months or more.

What are the obligations?

Within three days of the conviction (not the sentence) he must tell the police details about themselves, including the following:

(a) his date of birth;

(b) his national insurance number;

(c) his name and, where he uses one or more other names, each of those names;

(d) his home address;

(e) the address of any other premises in the United Kingdom at which, at the time the notification is given, he regularly resides or stays.

(f) whether he has any passports and, in relation to each passport he has, the details of the information recorded.

If the person is sent to prison, then notification must take place within three days of release.

In addition, there is a requirement to notify the police of any changes to the above information within 3 days of the change occuring. If the person spends seven days (either continuously, or seven days over a period of 12 months) in a different address to their home address, then this must also be notified. This includes any travel abroad. In any event, they must normally notify the police annually that there are no changes in circumstances (if that be the case).

Can the police stop an individual from moving house?

No. The requirements are to notify the police. There is no power for the police to take action under this section. If there is a real concern, then the police can apply for a SOPO.

How long does this last for?

This will depend on the sentence. The full details are set out in s82 Sexual Offences Act 2003. In essence, it is as follows:

Prison sentence of over 30 months (including indefinite sentence) – Lifetime Registration

Prison sentence of 6-30 months – 10 years

Prison sentence of 6 months of less – 7 years

Community Order – 5 years

For someone cautioned for a relevant offence – 2 years

Conditional Discharge – the period of the discharge.

If the person is aged 18 when he is convicted (including on his plea of guilty) or cautioned, then it is the above period, but halved. If the sentence is over 30 months however then there is still a requirement for lifetime registration.

What if you don’t comply?

It is a criminal offence to fail to comply with the requirements without a reasonable excuse, or to give false information. The offence is either way with a maximum sentence of 5 years.

Can you appeal against the requirement?

No. It is something that does not form part of the criminal sentence, but follows automatically from the conviction. For more details see the case of  Longworth [2006] UKHL 1.

This means that whilst it is good practice for a Judge to inform a defendant after they are convicted that they will be subject to the notification requirements (and there is a form that is given to the defendant to sign), this is not a requirement. If the Judge doesn’t say anything, it will still apply.

What if it is not needed, is there any exemption?

Not on the face of the legislation as it was originally drafted. It was (unsurprisingly) held by the Supreme Court that the fact that there was no possibility of an individual getting themselves removed from the Register was a breach of Article 8.

To remedy this, Parliament has passed a new s88 that allows an individual to apply to the police to be relieved of their requirements. This only applies to people who are subject to the indefinite notification requirements and an application can only be made 15 years after the first notification (or 8 years if they were under 18 at the time of conviction). If the person satisfies the police that it is not necessary for them to be subject to the notification requirements, then these can be lifted. Again, it would not be beyond the realms of possibility that a further challenge to this succeeds.

A Judge however cannot make a an order at the sentencing hearing that an individual is not subject to the Requirements (or increase or decrease the length of the notification).

Does it work?

Nobody knows. There’s no evidence to show that it is effective in reducing sex offences, but it is not something that has been properly researched in the UK (there is some evidence from America that it doesn’t).

About these ads

26 thoughts on “Sex Offenders Register

  1. Usensiseldcer

    I just discovered your blog and rapidly scanned combined. We identified many odd reviews, yet usually I just trust just what other commenters say. Seeing a lot of greatgreat reviews of your blog, I assumed this I would also jump in as well as inform you that I actually preferred perusing this publish. Therefore i believe this could be our earliest opinion: “I feel you have designed a few really interesting details. Definitely not many people would certainly essentially think about it the way you simply did. Now i am really impressed there’s much with this subject matter that’s been discovered and you did it thus properly, with the considerably category!inch

    Reply
  2. Pingback: Cautions for rapists? Really? | UK Criminal Law Blog

  3. Pingback: UK Criminal Law Blog

  4. Pingback: Cautions – Adults | UK Criminal Law Blog

  5. Pingback: Michael Ireland – Spiritual Healer sent to prison | UK Criminal Law Blog

  6. Jami Coppler

    Hi there, You’ve done a fantastic job. I will certainly digg it and personally recommend to my friends. I am confident they will be benefited from this site.

    Reply
  7. Kassandra

    Hey there! I’m at work surfing around your blog from my new iphone! Just wanted to say I love reading your blog and look forward to all your posts! Carry on the great work!

    Reply
  8. Pingback: Stuart Hall sentenced to 15 months | UK Criminal Law Blog

  9. Pingback: Jeremy Forrest Sentenced | UK Criminal Law Blog

  10. Pingback: When is consent not consent? | UK Criminal Law Blog

  11. Leigh Hussey

    It amazes me how sex offenders can get away with so much. One in particular whom a friend of mine was fooled into giving a large amount of money to through a scam, and didn’t realise what he was until the police were called, is banned from the internet, yet still manages to be on here. He blatantly uses his own name and is on the net even now – although the police have been informed. But he will continue to do so, because there is no restraint.

    Reply
  12. Pingback: Boy, 15, raped a boy, 13, for ‘not having a good phone’ | UK Criminal Law Blog

  13. Snodii Lynn

    Anyone notice that “he” is the example of a sex offender. Not “they”.. “He” as if all SOs are men?
    Gross!

    Reply
  14. Pingback: Sex Offenders & Bank Accounts – case comment on Prothero | UK Criminal Law Blog

  15. Pingback: Masturbating in Public – is it legal (in Sweden)? | UK Criminal Law Blog

  16. luke

    can i just say
    quote
    “If the person is aged 18 when he is convicted (including on his plea of guilty) or cautioned, then it is the above period, but halved. If the sentence is over 30 months however then there is still a requirement for lifetime registration.”

    what if the defendant is a “she”?

    Reply
  17. Julienne

    I think this is among the most important info for me. And i am glad reading your article. But want to remark on some general things, The web site style is wonderful, the articles is really nice : D. Good job, cheers

    Reply
  18. Domingo

    I do not even understand how I finished up right here, however I assumed this publish used to be good. I do not know who you are but definitely you’re going to a famous blogger if you aren’t already. Cheers!

    Reply
  19. Pingback: Former teacher at Nick Clegg’s school dies hours before sentenced for sex offences | UK Criminal Law Blog

  20. Pingback: Dave Lee Travis acquitted of historic sexual offences | UK Criminal Law Blog

  21. liese

    I’m a little confused about the ‘notification’ period. From what I have read (and interpreted) that if someone is found guilty of an offence with someone u18 then their notification period starts from the day they were arrested – is this the case? So in effect if someone pleads guilty to assaulting a minor and is sentenced to 2 years in prison (thus serves 1 year) he may well be on the register for life if the ‘investigation’ itself took a year before it even got to court…?

    Reply

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s