Understanding The Sex Offenders Register

The Sex Offenders Register was introduced in 1997. It is a database maintained by law enforcement agencies containing information about individuals convicted of certain sexual offences and is governed by Part 2 of the Sexual Offences Act 2003.

You should take specialist legal advice if you are charged with a sexual offence and are worried that a conviction may result in a requirement for you to sign on the register. For most sexual offences there is a requirement to sign on the register after conviction. 

The register is designed to help monitor and manage the activities of convicted offenders who have committed sexual offences.

Below are some general guidelines on how the register works:

• Automatic Requirement: Offenders who are convicted, cautioned, or found guilty of certain sexual offences are automatically subject to notification requirements. These requirements are not considered a punishment but rather a regulatory measure for public safety. The notification requirements are distinct from the actual penalties imposed by the court. They are not considered a punishment for the sexual offence.

• No Discretion in Imposing Requirements: The courts and the police have no discretion in imposing the notification requirements on individuals convicted, cautioned, etc., for a "relevant offense." The requirements are not applied based on discretion but rather automatically triggered by the nature of the offense. An individual becomes subject to these requirements simply by being convicted, cautioned, etc., for a "relevant offense."

• How long the notification requirement will last: The duration of the notification period is not subject to discretion by the courts or the police. It is determined by legislation. The length of time an offender remains on the register is fixed according to what type and length of sentence they receive.

• The information that must be disclosed to the police: You will have to provide various personal details such as your name, address, date of birth, details of conviction information about bank accounts, computer usage, social media usage and much more.

• Updating the police:  The rules require you to notify the authorities of any changes in your personal circumstances such as a change of address or employment.

• Early Removal Possibilities: For those with fixed-term notification requirements, compliance is mandatory for the full term. Individuals subject to indefinite notification may seek a review after 15 years (for adults) or 8 years (for those under 18 on the relevant date).

• Indefinite Notification and Lifetime Registration: Those sentenced to 30 months imprisonment or more face indefinite notification requirements, commonly known as lifetime registration. There is no route of appeal against the statutory imposition of indefinite notification requirements but in certain circumstances a review can be sought – see above.

• Interaction with Sexual Harm Prevention Order: The duration of any Sexual harm Prevention Order should run in tandem with the duration of the notification requirements. Any attempt to remove a Sexual Harm Prevention Order must come before any attempt to come off the Sex Offender's Register
   

What happens if I fail to comply with the requirements?

Failing to comply with the reporting requirements is criminal offence and you could find yourself liable to breach proceedings and summonsed to court.

Will my registration be disclosed publicly and to whom?

Offenders are categorised into different risk levels and the level of public disclosure may vary as a result. You should take specialist advice if you want to enquire on how this will be applied to your case.

How BSQ Can Help

The law and procedures in indecent images cases is far from straightforward. Most of our clients - who are mainly working professionals but can be drawn from every walk of life - find themselves in a situation they never imagined. Seeking guidance and legal advice from an experienced professional who specializes in indecent images cases becomes critical.

At BSQ, we provide an initial post-police interview consultation to our clients. During this consultation, we outline the following:

• What to expect in the upcoming legal process.

• Potential defences and alternatives to prosecution.

• Worst-case scenarios and possible outcomes.
  

Our goal is to ensure that our clients have a clear understanding of their situation and the legal options available to them.

If you are worried about your partner or a close friend or family member who has recently been arrested in an indecent images investigation, we would be happy to speak to you. As long as certain rules are complied with, we are permitted to taking instructions from third parties. 

You can find more information about our indecent images solicitors defence services, see our practice page.

 If you are accused of an indecent images offence and require legal representation, please contact our London offices on 020 3858 0851.