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.
Initially the requirements were for a person to inform the police of the following:
Since August 2012 the additional requirements are necessary:
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 |
The Sex Offenders Register is not a public document therefore, there is no way in which a member of the public can obtain the details of a person who is subject to the notification requirements.
Removal from the Sex Offenders Register can be crucial, being subject to notifications requirements can impact a persons ability to obtain employment, it can affect relationships and travel.
Applying to be removed from the Sex Offenders Register only applies to those who have been subject to it for a period of 15 years in the case of an adult, and 8 years in cases concerning youth offenders. Therefore, it is likely you would only fall into this bracket if you were made subject to the register indefinitely when you were convicted. Since 2012 people who fall into this bracket have be given the opportunity to apply to the police for a review of this requirement, after the requisite time limit has elapsed.
Our Lawyers specialise in representing those accused of sexual offences, this includes challenging the restrictions placed upon a person following conviction. If you feel the prohibitions, or conditions placed on you are unjust and are restricting your ability to live your life then
contact our team
today for a free and confidential discussion about your circumstances.
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