Can The Police Disclose My Conviction For Child Sex Offences?
If you have been accused or convicted of a sexual offence against a child there are understandably several concerns you may have, one of which is whether your alleged offences will be made public, or disclosed to family and friends.
At Eventum Legal we specialise in representing individuals accused of child sex offences
including the most serious contact offences against children including rape of a child, inciting a child to engage in sexual activity and grooming offences. Aside from the potential prison sentence, many of our clients become extremely worried about the stigma attached to this kind of offending and ultimately details of their case being disclosed. This blog focuses on frequently asked questions about disclosures that can be made by the police when you are accused or convicted of a child sex offence, and what we can do to help.
Can The Police Disclose My Conviction For Child Sexual Offences?
In short, the answer to this question is yes. Under a scheme referred to as the 'Child Sex Offender Disclosure Scheme', also referred to as 'Sarah's Law', after the high profile case of Sarah Payne in 2000.
The Child Sex Offender Disclosure Scheme was introduced by the government in April 2011 as a safety initiative in the United Kingdom that allows parents, carers, or guardians to request information from the police about individuals who have access to children and may pose a risk due to a history of sexual offences against children. The person doesn't have to be convicted of an offence, if there is a police record regarding that person who potentially makes them a risk to a child then the police will consider disclosure of the information on their system to the child's guardian.
How Is A Request Made Under the Child Sex Offender Disclosure Scheme?
If a person connected to a child has concerns about another person who may be in, or coming in to the child's life, they can make a request to their local police force for any information of convictions for child sex offences held by them in respect of that person.
However, not just anyone can contact their police force and ask questions about investigations or convictions in relation to another. Upon requesting the information, they will be required to provide proof of their relationship to the particular child (or children) and explain how the individual they are looking into has access or contact with them.
It is worth noting that anyone who is worried about someone’s behaviour towards a child can apply under Sarah’s Law, this does not just have to be a child’s parents or guardians. This includes people like a grandparent, neighbour or friend. However, the police will pass the information on to the person best placed to protect the child – which is most commonly a parent or guardian.
Once an application is submitted, this will also alert the police to the fact that a potential child sex offender may be having contact with children without their knowledge. This will allow the police to monitor this person, in addition to considering whether disclosure to a person responsible for that child is necessary and proportionate.
There is a a six stage process when a request is made:
Stage 1:
Initial contact is made by the person who has concerns to the police.
Stage 2:
Face to face application. This is a relatively new stage and is put in place to ensure that the request for disclosure is not being made maliciously. The police will sit with the applicant to ask them questions about why they are making the request and what their concerns are.
Stage 3:
The applicant will be given an information pack about the scheme which also provides them with guidance on safeguarding the child in question.
Stage 4:
Risk assessment. Police staff carry out a risk assessment and do all necessary checks within police computer systems on the the person who is suggested to pose a risk. This part of the process should usually be completed within 10 days.
Stage 5:
The decision route. The decision will be made as to whether there should be concerns, or no concerns. Concerns are likely to exist where a person has a conviction for a child sex offence, or has other relevant convictions which may mean they pose a risk i.e.; domestic violence, drug offences, assault. The maximum timescale for completion of a decision route taken at this stage will be no more than 35 days. This is to allow for a MAPPA meeting to take place which could take up to 28 days. The 35 days then allows a further 7 days for disclosure to be completed and closure to take place. This will result in a maximum time scale of 45 days from start to finish for the entire Disclosure Scheme.
Stage 6:
This is the stage where disclosure is made where there are concerns. The person who is deemed a risk is usually notified of the intention to disclose, they may even be invited to make the disclosures themselves with the police checking to see whether this has been done to a sufficient level. There will be some cases whereby the person who poses a risk will not be informed of the intention to disclose, this is usually the route if the police feel that it brings potential harm to a person. The decision as to whether or not you will be informed of the disclosure takin place will be made on a case-by-case basis.
What Information Will The Police Provide Under Sarah's Law?
Not all requests made will result in disclosure of police investigations and/or convictions, the police will only disclose information where it is lawful, necessary and proportionate to do so. If it is deemed that disclosure is required then the information will be provided to the child's primary carer, not the person who made the disclosure request if they were different.
The police will disclose information they deem necessary in order to protect the child in question. If you have been convicted of a child sexual offence, the details of this conviction could be disclosed along with specific details of the case where relevant to the circumstances. But the scheme is not just reserved for those convicted of child sex offences and can include:
- Persons who are convicted of other offences e.g. serious domestic violence
- Persons who are un-convicted but whom police or any other agency holds intelligence on indicating that they pose a risk of harm to children.
Can I Stop the Police From Disclosing My Convictions For Sexual Offences?
If you are in communication with the officer responsible for your case, this may be your offender manager, and you are aware that they are considering disclosures then yes. Representations can be made to the relevant person which set out the reasons why disclosure should not be made setting out clearly why it is not necessary or proportionate and the potential adverse affects disclosure could have.
Ultimately the decision to disclose will be that of the police, but having legal representation involved can make a difference to that decision.
What Should I Do Next?
If you are concerned about police disclosures then our team can provide the support, advice and guidance you may need in relation to the process. We can assess your case and situation to see whether there is scope for us to liaise with the police and make representations for non disclosures. Our advice will be honest, realistic and affordable.
Having represented clients in this unique area of law for over 20 years, our team understand the impact being labelled can have on your relationships, career and freedom. We believe that everyone should be afforded the chance to rehabilitate without stigma, and should enjoy the right to family a private life.
Speak to us today if you have been accused or convicted of a sexual offence, lets see how we can help you.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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