What is the 'Sex Offender Register'?

Defendants bedevilled of sexual offences confront an additional burden on top of any sentence they receive. The sex offenders register contains the details of anyone convicted, cautioned or released from prison house for sexual offence against children or adults since September 1997.

How do the police know where the sex offenders are?

Under the Sexual practice Offenders Acts of 1997 and 2003 all sexual activity offenders must register with the constabulary. They must exercise this within three days of their confidence or release.

Not registering is an offence punishable by imprisonment. Not registering volition too be a breach of release licence conditions. This could lead to recall to prison.

Offenders must tell the police if they will be away for more than than seven days. They must notify whatever alter to their name or address within iii days as well as re-register with the nearest police station each year.

Notification

How long an offender has to comply with the notification obligation depends on the sentence and the age of the offender. Beneath are the relevant periods for adult offenders:

Judgement

Notification requirement

30 months to life Indefinite
Hospital Gild with restriction Indefinite
6 months to 30 months ten years
Less than 6 months 7 years
Hospital Club no brake seven years
Circumspection 2 years
Conditional discharge The length of the provisional discharge
Fine or Customs social club five years

What happens if I do not abide by the notification requirements?

If for any reason y'all do not understand your full obligations contact u.s. so that nosotros tin give specific advice.

Non-compliance means that yous may take committed a criminal offense, which can be punished past upward to five years imprisonment. Whatever breach is always treated seriously past a court.

Indefinite notification

It can be seen from the table above that some offenders must notify for an indefinite period. Until a court judgment in 2012, that meant for life. Howvere a change in the police now means that some offenders can employ to accept indefinite notification requirements removed. Nosotros can assistance with this. Note that if you are subject to notification requirements for a fixed term, this cannot be reduced.

When can I make that application?

An adult tin can apply after fifteen years and a juvenile later on eight years. Nonetheless, if you lot are also subject to a Sexual Offences Prevention Order, that must be removed earlier an application tin be made in respect to notification requirements, nosotros can of class assist you with this.

How exercise I go about doing that?

There is a 2-phase process. Initially, there is an application to the constabulary. If the application is refused, you can and so appeal to a magistrates' court.

Practice the constabulary e'er turn down these requests?

Yous might think so, only in our experience, this is not the instance. Some police forces have reported an initial success rate of some 66%. It is not, however, a simple case of writing a letter and asking for the club to be lifted. The instance has to pass a statutory test. Information technology is important that nosotros draft the application professionally to give you the best prospects of success.

Below is a listing of some of the bug the police must consider. Information technology does not include everything simply gives an idea of how much information has to exist collected and addressed.

The process

When considering a sex offender application the constabulary must consider:

  • information (if whatever) received from a responsible torso
  •  the run a risk of sexual damage posed past the offender and the event of a continuation of the indefinite notification requirements on the offender; and also consider the matters listed below:
  • seriousness of the initial offence
  • the period which has elapsed since the offender committed the offence (or other offences)
  • where the offender falls within section 81(ane) of the 2003 Act, whether the offender committed any offence under section 3 of the Sex activity Offenders Act 1997
  • historic period of the offender at the qualifying date or further qualifying date and the age of the offender at the fourth dimension the offence was committed
  • the age of any person who was a victim of whatsoever such offence
  • deviation in historic period between the victim and the offender at the fourth dimension of the offence
  • submission or evidence from a victim of the offence giving ascension to the indefinite notification requirements;
  • any caution which the offender has received for an offence
  • all other submission or prove of the risk of sexual harm posed by the offender;
  • show presented by or on behalf of the offender which demonstrates that the offender does non pose a adventure of sexual harm; and
  • other matter which the relevant chief officer of police considers to be advisable.

How tin we assist?

You lot will capeesh from the in a higher place that the appeal process is both complex and detailed. So sex offender cases oft need careful attention to the clients needs. Therefore we would need a full background history including, if available the original criminal file, as well equally a comprehensive account of your current circumstances. We may likewise accept to instruct medical experts.We can assist in collating the textile necessary to typhoon and submit an application that has the best risk of success, whether before the police or a courtroom.

Call Narinder Moss on 0208 986 8336 or eastward mail info@mosslaw.co.uk