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The sex offenders register

What is the sex offenders register?

The sex offenders register is a register which contains the details of any individual convicted, cautioned or released from prison for a sexual offence against children or adults since 1997.

Why does it only apply to offences since 1997?

The register was first established by the Sex Offenders Act 1997 and subsequently amended by the Sexual Offences Act 2003. The register is not retro-active meaning that it does not cover anyone guilty of these offences before it came into being in 1997.

I was under the impression that the sex offenders register was just for individuals guilty of sexual offences against children, is that the case?

Many people view the notification requirements for the sex offenders register as creating a paedophiles register where names and addresses of individuals committing sexual offences against children can be found. The register is not just limited to offences against children however, as the definition of sexual offences under the Sexual Offences Act 2003 is extremely wide and not simply confined to offences against children.

A whole range of offences such as rape stretching as far as voyeurism can require notification – this is required regardless of the age of the victim.

What must an individual guilty of one of the above mentioned offences do to be in accordance with the legislation regarding the sex offenders register?

Under the Sex Offenders Act as amended by the Sexual Offences Act all convicted sex offenders must register with the police within three days of their conviction or release from prison. Notification will be provided to the police by the courts following conviction and both the prisons and probation service following an offenders release back into the community – this will enable the police to monitor when individuals must come to register.

What information must be provided on registration?

The following information must be provided when an offender registers with the police:

What happens if an individual does not register within this three day period?

If an individual does not register within this period they will be guilty of a criminal offence which in some cases can carry a term of imprisonment.

Is there anything else which a registered offender must do?

A convicted sex offender must not only register initially when convicted or released from prison, they must continually continue this registration on an annual basis.

If a registered offender changes their name or address they must disclose this information to police within three days. Furthermore, if they are to be spending seven days or more away from their home they must also inform the police of this within three days.  This is also the case if an offender wishes to travel outside of the UK.

Failure to notify the police of any of the above will also be a criminal offence.

How long will an individual’s details be kept on the sex offenders register?

The length of time an individual will remain on the sex offenders register will depend on the offence which they have committed and the sentence which they have been given. Accordingly the length of time on the register will be calculated according to the following:

What other powers do the police have against registered sex offenders?

Police forces can photograph offenders every time that they register. Police forces will also exchange any information they have about registered offenders and their movements. A national computerised police database has been set up to facilitate this procedure.

Furthermore police forces can also apply for registered sex offenders to be barred from certain activities and areas frequented by children – this is a civil order and is referred to as a sex offenders order. Breach of a sex offenders order will result in a criminal offence.

High-risk offenders may also be subject to further surveillance such as electronic tagging. This will be carried out by local multi-agency public protection panels which will include the police, probation, social services and any other required agencies. Under this scheme offenders will be given strict licence conditions – breach of these conditions will again constitute a criminal offence. 

Which agencies will be notified concerning the movements of registered offenders?

The following will be notified of the existence of a register sex offender on a confidential basis:

What is the position in relation to individuals convicted of sexual offences which following the creation of the Sexual Offences Act 2003 are no longer seen as sexual offences?

The Sexual Offences Act 2003 abolishes certain offences such as consensual sexual activity between men of consenting age which was a criminal offence prior to 2003. An individual who was subject to a notification requirement under the sex offenders register for this offence may apply to the Home Secretary for a decision to be taken as to whether or not the registration and notification requirements should still apply.

Are there any criticisms of the sex offenders register?

Many people feel that the sex offenders register is not comprehensive enough due to many sexual offences especially those against children going unreported. Furthermore, civil liberties campaigners feel it unjust that the register covers all sexual offences. As a consequence of this an underage teenager guilty of a consensual sexual act will be placed on the register amongst individuals convicted for child abuse and rape.

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