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Sex Offenders

Answer

Part 2 of the Sexual Offences Act 2003 provides for the notification requirements on offenders who receive convictions or cautions for certain sexual offences. These notification requirements are often known as the sex offenders register. The notification requirements apply for a fixed period as set out in the 2003 Act (see following table) and include lifetime registration for those sentenced to a term of imprisonment of 30 months or more or admitted to a hospital subject to a restriction order.There is no general discretion in the application of the notification requirements and there is no power, to the police or the courts, to change the notification period which applies to an offender.The only exception relates to those offenders who were made subject to the requirements because they were convicted for a homosexual offence that has now been abolished. These offenders may make an application to end the notification requirements placed upon them.

Description of relevant offender	Notification period
A person who, in respect of the offence, is or has been sentenced to imprisonment for life or for a term of 30 months or more	An indefinite period beginning with the relevant date (the date of conviction)
A person who, in respect of the offence, has been made the subject of an order under section 210F(1) of the Criminal Procedure (Scotland) Act 1995 (order for lifelong restriction)	An indefinite period beginning with that date
A person who, in respect of the offence or finding, is or has been admitted to a hospital subject to a restriction order	An indefinite period beginning with that date
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of more than six months but less than 30 months	10 years beginning with that date
A person who, in respect of the offence, is or has been sentenced to imprisonment for a term of six months or less	7 years beginning with that date
A person who, in respect of the offence or finding, is or has been admitted to a hospital without being subject to a restriction order	7 years beginning with that date
A person within section 80(1)(d)—subject to a police caution post 1 May 2004	2 years beginning with that date
A person in whose case an order for conditional discharge or, in Scotland, a probation order, is made in respect of the offence	The period of conditional discharge or, in Scotland, the probation period
A person of any other description	5 years beginning with the relevant date

Secondary information

Type

Written question

Reference

71837; 446 c1054-6W

Session

2005-06

Subjects

Sexual offences

Link

View this Written question on www.publications.parliament.uk