The Sex Offenders Register
What is the Sex Offenders Register?
The Sex Offenders Register was introduced in England and Wales as part of the Sex Offenders Act 1997 which was more recently amended by Part 2 of the the Sexual Offences Act 2003. The Sex Offenders Register applies to a person who is convicted or cautioned for a qualifying sexual offence. When a person is made subject to the register they are required to notify with the police, usually within three days of a guilty plea or conviction.
Not all sexual offences lead to a person to becoming subject to the notification requirements, and this largely depends on how the case concludes. Therefore where it can be avoided it should be. Getting advice from a specialist lawyer can make a difference.
What Information Will I Have To Provide To The Police When I Register?
Initially the requirements were for a person to inform the police of the following:
- Name and any aliases
- Date of Birth
- National Insurance Number
- Main address and any address intended to be resided at for more than 7 days in a 12 month period
- Any changes to the above
Since August 2012 the additional requirements are necessary:
- Notify the police of all foreign travel
- Notify bank account and credit card details
- Notify when residing in a house where a person under the age of 18 lives
- If there is no fixed abode, you may be required to notify with the police weekly.
- Notification of passport details
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How Long Will I Be Subject To The Sex Offenders Register?
| Disposal | Notification Requirement | |
|---|---|---|
| Adult | Youth | |
| Simple Caution | 2 years | 1 year |
| Fine | 5 years | 2.5 years |
| Community Order/Youth Rehabilitation Order | 5 years | 2.5 years |
| Hospital Order without restrictions | 7 years | 3.5 years |
| Hospital Order with restrictions | Indefinitely | Indefinitely |
| Custodial sentence of 6 months or less | 7 years | 2.5 years |
| Custodial sentence of more than 6 months and less than 30 months | 10 years | 5 years |
| Custodial sentence of 30 months or more | Indefinitely | Indefinitely |
Explained: Sex Offenders Register FAQ’s
What is the sex offenders register?
The Sex Offenders Register is a register containing the details of individuals cautioned, convicted, or released from prison for a sexual offence against both children and adults, the Sex Offenders Register has been in operation since 1997.
It is a myth to think that there is one register held in a department with the names on of all those who have been cautioned or convicted of a sexual offence, and consequently “signed the register”. There is however an electronic database, which is not open to the public. Being made subject to the Sex Offenders Register required the offender to go to their local or court designated police station to provide their details to the police, and will be required to update those details in line with what the requirements state.
What Offences Put You On The Sex Offenders Register?
Offences that can put you on the Sex Offenders Register are listed under Schedule 3 the Sexual Offences Act 2003 and are referred to as relevant offences. The definition is wide and covers a range of offences against both children and adults. It includes offences from voyeurism, possessing indecent images to sexual assault and rape.
Following a conviction for a relevant offence you will receive an order from the court named “Requirement to Register with the Police”. Within three days from the date of conviction you will be expected to attend the designated police station in order to provide your details. Failure to do so is a criminal offence and you will be brought back before the court where you may be convicted and sentenced for failing to comply with the notification requirements, an offence which carries a maximum sentence of five years imprisonment.
There are certain offences which to not trigger automatic requirement for an offender to sign the Sex Offenders Register, for example in cases of possession of extreme pornography. Upon conviction of an offence of possession of extreme pornography the defendant would only be made subject to the sex offenders register is they are sentenced to a term exceeding two years, or where a Sexual Harm Prevention Order is made. Therefore, legal advice as early as possible is crucial so focus can be on ensuring damage limitation if you are to accept the offence, or expert advice is provided to guide you on the prospects of successfully challenging image offences at trial.
Will I Go On The Sex Offenders Register If I Get a Caution?
Yes, a caution for certain offences under the Sexual Offences Act may lead to you being put on the Sex Offenders Register. It is important to seek legal advice before accepting a caution as although it may appear to be a more suitable resolution at the outset, it can cause difficulties further down the line including social services involvement with your family, damage to your reputation and to your career.
What Will Happen if I Fail to Comply with the Sex Offenders Register?
Failing to comply with the notification requirements of the Sex Offenders Register is a criminal offence. If you do not follow the requirements, you could be arrested, charged and prosecution for the separate offence which carries a maximum sentence of five years imprisonment. The seriousness of the breach will determine how the court or police deal with the offence. Seek legal advice immediately if you are alleged to have breached your notification requirements, our team often represent clients in these very circumstances and to date have avoided custodial sentences in all cases.
Can I Be Removed From The SOR Early?
You cannot apply to be removed from the Sex Offenders Register unless you are subject to it indefinitely. Adults who are subject to an indefinite notification period can apply for a review of the requirement 15 years from the date of first registration, for those under 18 this is 8 years.
If you have also been made subject to a Sexual Harm Prevention Order and this remains in operation at the time you wish to apply to be removed from the Sex Offenders Register, then a successful application for that order to be removed must first be made before any application to come of the register can be made. This is because a person subject to a Sexual Harm Prevention Order is automatically subject to the notification requirements.
What Do I Need to Do to Come of The Sex Offender’s Register?
The purpose of making a person subject to the Sex Offenders Register is to manage the risk of sexual harm to the public, posed by people who have been convicted of sexual offences living in the community.
Risk is therefore key, and when applying to be removed from the sex offenders register preparing a strong argument to show there is no longer a risk of sexual harm to the public will be required in successful cases. This may involve gathering evidence from third parties to support the argument and justify that the risk of harm is low enough to justify removal from the Sex Offenders Register.
How Do I Apply To Come Off The Sex Offenders Register?
The first step is to make an application to the police. The application should show that your continued indefinite inclusion on the Sex Offenders Register is not necessary for the purpose of protecting the public or particular members of the public from sexual harm. Supporting this application with as much evidence as possible.
To maximise the chance of success, instructing specialist sexual offence lawyers is advised. The application should make reference to the law and the statutory factors set out in the Sexual Offences Act 2003. Clear and logical reference should be made to any supporting documents provided by third parties, and where necessary your lawyers can instruct the correct experts to provide evidence to support your application for removal from the Sex Offenders Register.
If the police do not agree to remove you from the Sex Offenders Register an application can be made to the Magistrates Court, this has to be completed within 21 days of the police decision.
Can I Get Legal Aid for Applying to be Removed from the Sex Offenders Register?
Legal aid is not available for those who wish to apply to be removed from the Sex Offenders Register. Our team work on a fixed fee, and offer a free initial consultation.
How Eventum Legal Can Help
We practise solely in the niche area of sexual and domestic offending, which often overlap. Our team are able to identify if and when you are eligible to make an application for removal from the Sex Offenders Register. We can also assess the lawfulness of any orders in place which may have automatically made you subject to the Sex Offenders Register such as Sexual Risk Orders and Sexual Harm Prevention Order.
If you would like a free initial consultation to see how we can help you with any aspect of your case, and the Sex Offenders Register then contact our non judgemental and friendly team.
