Understanding Sex Offender Registration in the UK

How long do you stay on the sex offenders register?

A person who has been convicted of, or cautioned for, a ‘relevant sexual offence’ (see below) will be made subject to the notification requirements. This is often referred to as ‘signing the sex offenders register’.

The length of time for which a person will be subject to the notification requirements depends upon their age at the time of conviction or caution, and the sentence that they have received. A table setting out the notification period is contained at section 82 of the Sexual Offences Act 2003.

The notification period can range from 2 years for an adult who has been cautioned for a relevant sexual offence, to 10 years for an adult who has received more than 6 months’ but less than 30 months’ imprisonment, all the way up to indefinite notification for an adult who has received in excess of 30 months’, or life, imprisonment.

Identifying the start date (the ‘relevant date’) and calculating the period of notification can be complicated in some cases as it involves cross referencing the information contained in the notification period table with other sections of the Sexual Offences Act 2003. If you are unsure about the duration your notification period, you should seek specialist advice.

At Old Bailey Solicitors, we have vast experience representing those accused of all manner of sexual offences. We pride ourselves on offering an outstanding level of client care and assisting people to achieve the best possible outcome for them, whether that be an acquittal after trial or preparing a mitigation bundle for use at sentence where a client accepts an allegation but wishes to keep the often far reaching implications to an absolute minimum. We will always have an eye to the types of sentence that will trigger the notification requirements and, if at all possible, achieve a situation where the notification requirements are minimised or avoided entirely.

What is a relevant sexual offence?

The offences for which a conviction or caution trigger the notification requirements are contained in Part 2 of the Sexual Offences Act 2003 and include, for example, rape and sexual assault by penetration. Most sexual offences against children will trigger the notification requirements, including internet or computer offences where no physical contact with a child has taken place. For example, possession of indecent images of children, sexual communication with a child and online grooming.

How do you sign the sex offenders register?

It is a myth that there exists one very large, centrally held book entitled ‘The Sex Offenders Register’ that each and every person convicted of a relevant sexual offence is required to sign.

The ‘signing of the sex offenders register’ in fact involves a person who has been convicted of or cautioned for a relevant sexual offence attending the police station to provide certain specified information. It is described by section 83 of the Sexual Offences Act 2003 as ‘initial notification’. It is, in essence, an obligation to notify the police of your existence and how and where they might find you.

The list of information that must be provided at the initial notification is contained in section 83(5) of the Sexual Offences Act 2003 and includes (but is not limited to), for example, their name, date of birth, home address and passport details.

When are you required to sign the sex offenders register?

A person who has been made subject to the notification requirements will be provided with a document entitled, ‘Notice of requirement to register with the police’. The document contains a summary of the registration requirements they must comply with.

You are required to comply with the initial notification requirements, in person, within 3 days of conviction. The date of conviction is the date on which a person has either pleaded guilty or been found guilty by a jury in the Crown Court or a District Judge or bench of magistrates in the Magistrates’ Court.

That means that sometimes it will be necessary for a person to sign the sex offenders register before their sentence has passed. This will be the case if they have entered a guilty plea to a relevant sexual offence and their case has been adjourned for sentence to take place at a later date.

How many times are you required to sign the sex offenders register?

A person who has been made subject to the notification requirements will be required to notify on a ‘periodic’ basis; usually annually.

In addition to the periodic notification requirements, certain changes to a person’s personal circumstances during their period of notification must be notified to the police. This includes (but is not limited to), for example, a change of home address or name. Notification must again take place within 3 days of the change of circumstances.

Furthermore, foreign travel outside of the UK and absences from a person’s home address for a period of more than 3 days must be notified to the police in advance of the travel or period of absence.

What if you are in prison when you are convicted of a relevant sexual offence?

If a person is in prison on the date of their conviction (if for example they have been remanded in custody to await the outcome of their case or are serving prisoners in relation to other matters), they are required to notify within 3 days of their release from custody.

What happens if you breach the notification requirements?

It is a criminal offence if a person fails to comply with the notification requirements without a reasonable excuse and, depending on the seriousness of the breach, could result in a period of imprisonment.