SEX OFFENDERS REGISTER

February 16, 2018

Where an offender had distributed an indecent photograph of a girl under the age of 18 contrary to the Protection of Children Act 1978 s.1(1)(b), but it was unclear if the girl was under 16, a notification requirement should not have been imposed on him. He had not been convicted of an offence listed within the Sexual Offences Act 2003 Sch.3, which was necessary to impose a notification requirement. There was a clear discrepancy between those provisions, and the court would have to be alive to that discrepancy when discharging its duty under the Criminal Procedure Rules and, if necessary, decide whether a child’s exact age could be resolved.

CRIMINAL PROCEDURE GUILTY PLEAS INDECENT PHOTOGRAPHS OF CHILDREN NOTIFICATION REQUIREMENTS PERMISSION TO APPEAL SEX OFFENDERS REGISTER

September 18, 2013

A sex offender’s statutory obligation to provide bank account, debit and credit card details under the Sexual Offences Act 2003 (Notification Requirements) (England and Wales) Regulations 2012 reg.12 was a necessary and proportionate means of achieving a legitimate policy objective of enabling police to be better able to trace offenders who had failed to comply with their notification requirements. As such that obligation was not incompatible with an offender’s rights under the European Convention on Human Rights 1950 art.8.

EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 HUMAN RIGHTS JUSTIFICATION LEGITIMATE AIM NECESSITY OFFENDERS’ OBLIGATION TO PROVIDE BANK ACCOUNT DETAILS PENOLOGY AND CRIMINOLOGY PROPORTIONALITY reg.12(1) reg.12(2) reg.12(4) reg.13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SEX OFFENDERS REGISTER SEXUAL OFFENCES ACT 2003 (NOTIFICATION REQUIREMENTS) (ENGLAND AND WALES) REGULATIONS 2012 reg.12 STATUTORY AIM TO AID APPREHENSION OF OFFENDERS WHETHER OBLIGATION NECESSARY AND PROPORTIONATE TO STATUTORY AIM

April 30, 2012

An extended sentence was reduced on appeal to less than 30 months even though the offender had already served the sentence. The judge had imposed the lengthy extension period in order for the defendant to attend a sex offender treatment programme, but had not intended the consequence that the defendant would remain on the sex offender’s register for life.

EXTENDED SENTENCE CAUSING DEFENDANT TO REMAIN ON SEX OFFENDER’S REGISTER FOR LIFE EXTENDED SENTENCES INDECENT PHOTOGRAPHS OF CHILDREN NOTIFICATION REQUIREMENTS OFFENDER PROGRAMMES PENOLOGY AND CRIMINOLOGY REDUCTION OF SENTENCE REDUCTION ON APPEAL BELOW 30-MONTH THRESHOLD SENTENCING SEX OFFENDERS REGISTER UNINTENDED CONSEQUENCE OF EXTENDED SENTENCE

December 9, 2004

In the circumstances, including the fact that the appellant had over 200 previous convictions mainly for offences of being drunk and disorderly and indecent assault, an 18-month sentence for failing without reasonable excuse to notify use of a new name was not excessive. However, taking into account totality, a nine-month consecutive sentence for perverting the course of justice was excessive.

CHANGE OF NAME FAILURE TO NOTIFY USE OF NEW NAME MANIFESTLY EXCESSIVE PERVERTING THE COURSE OF JUSTICE s.91(1) SEXUAL OFFENCES ACT 2003 SENTENCE LENGTH SENTENCING SEX OFFENDERS REGISTER TOTALITY OF SENTENCES WITHHOLDING INFORMATION

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