Legal Advice: How to Request Removal from the Sex Offenders Register

Whether it is possible to come off the sex offender’s register depends on the length of time for which you have been made subject to the notification requirements and whether any ancillary order has been imposed (e.g. a Sexual Harm Prevention Order, a Sexual Risk Order etc).

The sex offender’s register is not an actual register. It is a colloquial term which refers to people who have been made subject to the notification requirements set out in Part 2 of the Sexual Offences Act 2003 (the Act) as a result of a conviction for a relevant sexual offence. Therefore, if a successful application is made, your name is not physically ‘removed’ from a list; you simply cease to be required to comply with the requirements that you were previously required to comply with.

The amount of time for which a person remains subject to the notification requirements (and therefore ‘on the sex offender’s register’) depends on a number of factors which I have previously discussed in another blog post that can be accessed here.

Can I apply to come off the sex offenders register early?

As mentioned above, the notification requirements are imposed by statute as a result of a conviction for a relevant sexual offence. No judicial decision is required to place a person on the sex offender’s register; whether the notification requirements are triggered is determined by the Act and the duration for which the notification requirements will remain in place is determined by the type and length of sentence imposed.

A person who has been convicted of a relevant sexual offence and sentenced to 30 months imprisonment or more, will be made subject to the notification requirements indefinitely. This is commonly referred to as lifetime registration. As the duration of the notification requirements are determined by the Act, there is no route of appeal against the statutory imposition of indefinite notification requirements (albeit there may be grounds for an appeal against sentence which might achieve the same objective, depending on the circumstances).

People subject to notification for a fixed period (rather than an indefinite period) will have to comply with the notification requirements for the full term. Only those subject to notification for an indefinite period will be eligible to seek a review once a minimum period of time has elapsed; for adults this is 15 years from the date of first registration and for those who were under 18 on the relevant date, it is 8 years.

If a person is also subject to a Sexual Harm Prevention Order, a successful application for that order to be removed must first be made before any application to come off the sex offender’s register can be made. This is because a person subject to a Sexual Harm Prevention Order is automatically subject to the notification requirements and it is therefore impossible to come off the sex offender’s register while a Sexual Harm Prevention Order is in place.

I am not subject to indefinite notification. Is there anything I can do?

Some people may have received a conviction which automatically triggered the notification requirements of the sex offender’s register by virtue of the imposition of, for example, a Sexual Risk Order, pursuant to Section 122I(4) of the Act. Rather than making an application to come off the sex offender’s register, it may be possible to apply to discharge the Sexual Risk Order which would then release them from the notification requirements of the sex offender’s register automatically.

What do I need to do to come off the sex offender’s register?

The rationale behind making a person subject to the notification requirements of the sex offender’s register in the first place is to manage (and therefore, it is hoped, minimise) the risk of sexual harm to others posed by people convicted of sexual offences living in the community.

The concept of risk is key, and a compelling argument to demonstrate that there is no longer a risk of sexual harm to others will be required in successful cases. This will often involve gathering evidence from external agencies to support the contention that the risk of harm is of a low enough level to justify removal from the sex offender’s register.

How do I apply to come off the sex offender’s register?

In the first instance, an application should be made to the police. That application should seek to demonstrate that your continued indefinite inclusion on the sex offender’s register is not necessary for the purpose of protecting the public or any particular members of the public from sexual harm. Such an assertion should be supported by as much evidence as possible to demonstrate to the police that the risk of sexual harm is low and the effect that the indefinite notification will have.

An application should be professionally drafted to maximise chances of success. It should have regard to the long list of statutory factors set out in the Act that the police are required to consider which include, for example: the seriousness of the original offence, the length of time that has passed since the commission of the original offence, the person’s age at the time of the offence and their age now, whether the person has breached the notification requirements, any evidence presented which demonstrates that the that the person does not pose a risk of sexual harm and any other matter which the relevant chief officer of police considers to be appropriate.

The police will consider the application in the first instance and communicate their decision.

Can I appeal a decision not to remove me from the sex offender’s register?

If the police refuse the application, an appeal can be made to the magistrates’ court. It is important to act quickly, as there is a time limit of 21 days from the date of the police determination to lodge an appeal notice with the court.

If the appeal is refused, the person remains subject to the notification requirements and only becomes eligible to apply for a further review after a minimum period of 8 years (if considered necessary by the police, this period can be extended to a period up to but not exceeding 15 years).

It is therefore very important to ensure that your application is as strong as it possibly can be before making it as, if it is refused, it may not be possible to apply again for some considerable time.

Will I be eligible for legal aid?

No. Applications to be removed from the sex offender’s register are civil matters and are not covered by either the civil or criminal legal aid schemes.

How can I start the process of applying to come off the sex offender’s register?

Old Bailey Solicitors have considerable experience representing people accused of sexual offences and applying to vary or remove orders that have resulted from them. We have enjoyed a number of successes in this area and can offer representation on a fixed fee basis in most cases. If you require advice about whether it is possible for you to apply to come off the sex offender’s register and your prospects of successfully applying to do so, please contact our new enquiries team on 0207 8464 999.