Removal from Sex Offenders Register

Lawyers specialising in Sex Offender Register removal cases

The Sex Offenders Register was established by the Sex Offenders Act 1997 (as amended by the Sexual Offences Act 2003). It contains the details of individuals convicted, cautioned or released from prison for a sexual offence against children or adults since 1997. The definition of sexual offences under the Sexual Offences Act 2003 is wide and covers a range of offences, against both children and adults including rape, sexual assault and possession of indecent images.

What are the notification requirements under the Sex Offenders Register?

The 2003 Sexual Offences Act requires offenders on the Sex Offenders Register to notify to their local police certain personal details including their name, address, date of birth and national insurance number. This is done initially (usually following release from custody), annually or whenever their details change. Offenders subject to the notification requirements are also required to notify the police:

of all foreign travel;
where a registered sex offender has no sole or main residence, they must notify the police weekly of the place where they can regularly be found;
where they are living in a household with a child under the age of 18; and
of bank account and credit card details and notify information about their passports or other identity documents at each notification.

The length of time an offender will remain subject to the notification requirements depends on the length of sentence, however, for those who receive a custodial sentence of 30 months or more they will remain subject to indefinite notification requirements.

The case of R v Wiles (2004) 2 Cr App R (S) 88 may have gone under the radar but it raises important questions as to how laws can be applied retrospectively and inconsistency as to how the law is applied.

Ten Year Notification Requirements

In summary, R v Wiles states that for an offence that attracts the notification requirements (prescribed sexual offences), when calculating the length of the custodial sentence, the extended licence period is to be included. So, for example, a determinate sentence of between six and thirty months without any extension period would require a notification period of ten years – the defendant serving one half in custody and one half on licence.

Lifetime Notification Requirements

However a sentence of custody, no matter how short, that includes an extended period of supervision under section 85 Powers of Criminal Courts (Sentencing) Act 2000, would in almost all cases attract a lifetime notification. This is somewhat perverse, since by agreeing to be subject to the extended licence, in order that rehabilitation can take place, a defendant will also be subject to a lifetime notification. If a defendant were to refuse the rehabilitation aspect of the sentence and receive a custodial sentence with no rehabilitation requirement the notification requirements would in all likelihood be for a set period of time rather than life!

Wiles was actually decided on the 4^th March 2004 but because it went below the radar it didn’t dawn on anybody (including the Home Office) of the consequences until over a year later. But even then Judges were still not aware of it for years afterwards and were telling Defendants they were subject to ten year notifications, when in fact it was life.

As unfair as that seems, matters were further confused that not every police force in England and Wales enforced the ruling in Wiles for convictions dated prior to the 1^st April 2005. So dependant on where you lived in the country would depend on whether you were subject to the notification requirements.

Sex Offender Registration Reviews

In 2012 the Supreme Court ruled that individuals subject to indefinite registration requirements under the Sex Offenders Act have the right to apply for a review as to whether their continued registration is necessary.

The review can only take place once an individual has been on the register for fifteen years (since first registration) or eight years in the case of a minor. An application can also only be made if there is no Sexual Offender Prevention Order (SOPO) in place although at Olliers we can also offer advice about discharging such an order.

The police will consider the degree of risk to the public and whether it is necessary for the individual to remain on the Sex Offenders Register for the purpose of protecting the public from sexual harm.

We can offer discrete and confidential advice including an assessment as to whether there are sufficient prospects to make an application, drafting the relevant representations and if necessary appealing any decision.

Grounds for Removal from Sex Offenders Register

The Authorities will need to know the reasons why an individual is applying for a review and will look for how the individual’s circumstances have changed compared to when the order was made. Further how an individual’s behaviour has changed, in essence showing that there is no longer a risk.

This will further require disclosing information about accommodation, relationships, employment, hobbys and attitude to offending.

We are happy to offer a fixed fee service to cover an initial consultation, drafting the application, applying to have a Sexual Offenders Prevention Order discharged and any appeal process.

Length of Notification Requirements

Click here to read more about the case of R v Wiles and how an extended period of supervision can in some cases unjustly lead to lifetime notification requirements and how this could be an abuse of process.