Sex offenders register
From Seenoevil
The Sex offenders register is a statutory register of people who have been convicted of crimes listed in schedule 3 of the sexual offences act (2003). The list of qualifying crimes can be added to at will by the Secretary of State without it being part of any new law or being voted on by parliament. [1]
Schedule 4 of the 2003 act allows some gay men convicted of consensual sexual activity between men of consenting age (for example having sex with more than one man present)and cautioned in relation to sexual activity with a man who was aged 16-18 at the time to be removed register. See Home Office Circular 19/2004: "The Removal of Offenders Convicted of Buggery and Indecency Between Men from The 'Sex Offender Register' (Schedule 4, Sexual Offences Act 2003)". [2]
Implications of being on the register
People on the register are required to register with the police their place of residence and confirm this once a year. They must also notify the police of any address at which they spend more than 7 days in any 12 month period and when they move or leave the country for more than 3 days. Notification must be in person and at a specified police station. The police can take fingerprints of the offender at each notification. Any offender failing to register or notify their details can, on summary conviction, be jailed for up to six months or fined, or both, or on conviction on indictment to be jailed for up to 5 years.[3]
Head teachers, doctors, youth leaders, sports club managers and others, including landlords, are notified on a confidential basis of the existence of a local sex offenders. [4]
Also of interest is the Sexual Offences Act 2003 (Amendment) Bill (2005) which would allow the police to search the addresses of people on the register to confirm their residence and enable them to assess risks posed by certain offenders. It is a crime for someone to obstruct the police during a search.
The provision for entry and search in the above Bill was opposed by the government and never became law. Since then, there have been new proposals sugested by the UK government to provide the police with powers to enter and search the residence of persons in England and Wales who are required to register in accordance with the SOA 2003. Similar proposals have been proposed to be enacted by the Scottish Parliament.
"Extreme" pornography and the register
The provision to require persons convicted under the Criminal Justice and Immigration Act 2008 to notify police in accordance with the notification requirements of the Sexual Offences Act 2003 (otherwise known as "signing the Sex Offenders Register") are found in Schedule 26 of the Act- "Minor and consequential amendments" [5].
For persons convicted of possession of an extreme pornographic image, the requirement is limited to cases where the offender was 18 or over, and is sentenced to a term of imprisonment of at least 2 years.
At an earlier stage, Detective Inspector Ian Winton, of the Notts police sexual exploitation unit stated:
"Those convicted of this new offence will have to sign the sex offenders' register which will affect not just their relationship with friends and family but also their careers. It will make many users of extreme pornography think again."[6]
Qualifying Crimes
See:
