A person who is placed on the Sex Offenders Register is more properly described as being made subject to the notification requirements of the Sexual Offences Act 2003. Determining whether a particular offence will give rise to a notification requirement is not always an easy task and it is important to obtain legal advice on the subject.
What offences will result in Notification Requirements?
Section 80 of Sexual Offences Act 2003 sets out the circumstances where a person will be made subject to notification requirements. The most common circumstances where notification requirements arise are when a person is convicted or cautioned for one of the offences listed in Schedule 3, Sexual Offences Act 2003.
As a general rule any conviction for the more serious sexual offences (eg rape or assault by penetration), or the majority of offences involving children will automatically result in notification requirements. Certain other offences may trigger notification requirements in certain circumstances depending upon the nature of the offence and the ages of the victim or the offender. For example, a person convicted of possessing indecent images of children would only be subject to notification requirements if the images showed persons aged under 16 years and the offender was aged at least 18 years, or received a prison sentence of at least 12 months.
How long does a Notification Requirement last?
The length of the notification period depends on the sentence that a person receives. Any prison sentence of 30 months or more attracts indefinite notification requirements. A prison sentence of between 6 months and less than 30 months results in notification requirements for a period of 10 years. A prison sentence of less than 6 months will result in notification requirements for 7 years. Any other sentence will result in notification requirements of 5 years.
The notification requirements can also apply if a person admits a relevant offence at the police station and receives a police caution. In such circumstances the notification requirement applies for a period of 2 years.
What does it mean if I am given Notification Requirements?
A person who is made subject to notification requirements is required to provide the police with the following details within 3 days of being convicted or cautioned:
- Date of birth
- National Insurance Number
- Passport details
- Home address
- Details of any planned absence from the home address of more than 3 days
- Details of any planned travel abroad
If any of the above details change, you must notify the police accordingly.
Anyone who is made subject to notification requirements should familiarise themselves with the requirements to ensure that they are fully compliant.
What happens if I fail to notify?
If you fail to provide your details within 3 days, or fail to inform the police of any relevant changes to your details, you can be prosecuted unless you have a reasonable excuse for that failure. This offence carries a maximum sentence of 5 years’ imprisonment.
Wheldon Law have many years of experience of acting for clients charged with or being investigated for sexual offences. Feel free to call us on 01442 242999, or email us at firstname.lastname@example.org, for confidential advice regarding any sexual offence.