Public Protection Manual, Chapter 3: Sexual offender

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Public Protection Manual
Chapter 3
Sexual Offender Registration
Version 4.0 January 2009
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
CONTENTS
1. SEXUAL OFFENDER REGISTRATION .............................................................................. 3
1.1 PURPOSE ....................................................................................................................... 3
2. SEXUAL OFFENDER REGISTRATION - OVERVIEW ....................................................... 3
2.1 WHO BECOMES SUBJECT TO THESE REQUIREMENTS? ........................................ 3
2.2 INTERIM ARRANGEMENTS .......................................................................................... 4
2.3 THE PRISON MUST ..................................................................................................... 5
3. MAPPA CATEGORY 1 REGISTERED SEXUAL OFFENDERS (RSOs) ........................... 5
3.1 RESTRICTIVE ORDERS ................................................................................................ 6
4. (RSO) – REMOVAL OF REQUIREMENT TO REGISTER .................................................. 6
5. SEXUAL OFFENDER REGISTRATION .............................................................................. 7
5.1 THE NOTIFICATION PERIOD BEGINS AT RELEVANT DATE ..................................... 7
5.2 EXAMPLE: ....................................................................................................................... 7
6. SEXUAL OFFENDER REGISTRATION – LENGTH OF REGISTRATION PERIOD .......... 8
6.1 YOUNG OFFENDER NOTIFICATION PERIODS ........................................................... 8
6.2 PRESCRIBED POLICE STATIONS ................................................................................ 9
ANNEX’S
ANNEX A / IDENTIFICATION OFFENCES
(SCHEDULE 3 SEXUAL OFFENCES ACT 2003) ................................................ 10
ANNEX B / SEXUAL OFFENDER REGISTER - THRESHOLDS ............................................ 20
ANNEX C / SEXUAL OFFENDER REGISTRATION FLOW CHART ...................................... 23
ANNEX D / RECORD OF FOREIGN TRAVEL NOTIFICATION ............................................ 24
ANNEX E / NOTICE TO OFFENDER TO REGISTER ............................................................. 28
ANNEX F / EXAMPLE OF COURT NOTICE TO REGISTER .................................................. 30
ANNEX G/ RELEASE COVERING LETTER TO POLICE AND PROBATION ........................ 31
ANNEX H / LETTER SENT TO POLICE AND PROBATION ON TEMPORARY LICENCE .... 32
ANNEX I / LETTER TO OFFENDERS ABOUT CHANGES IN LEGISLATION FROM
GOVERNOR ............................................................................................................ 33
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
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Public Protection Manual
Sexual Offender Registration
1. SEXUAL OFFENDER REGISTRATION
1.1 PURPOSE
This chapter of the public protection manual provides information and statutory guidance on
how establishments must manage those offenders who have been identified as being subject to
sexual offender registration requirements when in custody and on release.
This policy replaces PSI 28/2001 and provides information and statutory guidance about the
changes to Registration Requirements for Sexual Offenders as provided in the Sexual Offences
Act 2003. Part Two of the Sexual Offences Act 2003 replaces Part 1 of the Sex Offenders Act
1997 (which introduced the “sexual offender register”) and makes several changes to the
notification requirements.
2. SEXUAL OFFENDER REGISTRATION - OVERVIEW
From 1 May 2004 relevant offenders who are subject to the notification requirements of Part 2
of the Sexual Offences Act 2003 are required to:
 Register in person at a police station in the area where they live, within 3 days of release to
provide relevant personnel details, including name, address, date of birth and National
Insurance number and submit to be photographed and fingerprinted at the police station.
 Notify the police in person of any changes to their details within 3 days (previously this was
14 days and could be done in writing)
 Notify the police in person within 3 days if they have stayed for 7 days or more within any
12 month period at an address that they have not notified to the police (previously this
period was 14 days for both). As before, this provision also applies to addresses to which
they are released on temporary licence - see paragraph 20 below.
 Notify the police of any intended foreign travel of 3 days or more at least 7 days prior to their
departure. A form for informing prisoners of the requirements is available see (Annex E).
2.1 WHO BECOMES SUBJECT TO THESE REQUIREMENTS?
The notification requirements of the Sexual Offences Act 2003 do not apply to those convicted
of a relevant offence before 1st September 1997 unless, at the beginning of that day, the
person a) Had not been dealt with in respect of the offence;
b) Was serving a sentence of imprisonment or a term of service detention, or was subject
to a community order, in respect of the offence;
c) Was subject to supervision, having been released from prison after serving the whole
or part of a sentence of imprisonment in respect of the offence; or
d) Was detained in a hospital or was subject to a guardianship order, following the
conviction.
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In most cases, offenders will become subject to the notification requirements because they
have received a conviction, finding or police caution for one of the sexual offences listed in
Schedule 3 of the Sexual Offences Act 2003.
However, offenders will also become subject to the requirements if they have been made
subject to a sexual offender order (SOO), a sexual offender restraining order or the new sexual
offences prevention order (SOPO) which replaces both the SOO and the restraining order. In
all cases, offenders subject to such orders will be subject to the notification requirements for at
least the duration of the order (it could be longer where they have to comply with the
requirements because of their conviction). Courts are now able to make a SOPO in respect of
offenders convicted or cautioned of various violent offences, listed in Schedule 5 to the Act,
where there is a risk of serious sexual harm. This means that some offenders may be subject to
the requirements even though they do not have a conviction for a sexual offence.
The Sexual Offences Act 2003 also includes a new civil order, the notification order, which is
designed specifically to ensure that people who are convicted or cautioned abroad for a sexual
offence can be made subject to the notification requirements in the UK. Such an order is made
in a Magistrates’ Court on application from a chief officer of police. If Prison Governors receive
offenders from abroad who have a conviction for a sexual offence, then they must liaise with
the local police to the establishment to establish the suitability of applying for such an order.
The decision as to whether an offender is suitable for an application ought to be made by the
police
In addition, the Act provides for a Foreign Travel Order which can be used to prevent offenders
who pose a risk to children abroad form travelling to particular countries or from travelling
generally.
Finally, the Sexual Offences Act 2003 also introduces a new risk of sexual harm order (RSHO).
This order can be made against persons who have not been convicted but who have engaged
in certain specified types of behaviour on at least two occasions. A RSHO does not place the
subject under the notification requirements – but breach of the order is a criminal offence and if
convicted or cautioned for this offence then the person will then become subject to the
notification requirements for the rest of the duration of the order.
2.2 INTERIM ARRANGEMENTS
Part 2 of the Sexual Offences Act 2003 replaces the Sex Offenders Act 1997 as amended by
the Criminal Justice and Court Services Act 2000. The 2003 Act came into force on 1 May
2004. The requirements of the 2003 Act largely apply to offenders convicted of sexual offences
before 1 May 2004 in the same way as offenders convicted on or after this date. Prisoners
must be informed of the changes to legislation. A letter from The Governor is available see
(Annex I) for this purpose.
Prison management must arrange for all prisoners subject to the registration requirements of
Part 2 of the Sexual Offences Act 2003 to be made aware on reception procedures and also on
release, of the up-to-date requirements for registration, the precise time at which this is done
will vary from prison to prison. At those prisons with discharge boards, the appropriate time
would be at the discharge board. At others, it may be necessary for reception staff to carry out
this function as they discharge the prisoner.
In order to do this, the member of staff concerned must hand the prisoner a copy of the notice
to offenders form see (Annex E). The requirements must also be explained orally, and the
prisoner’s attention drawn to the changes to the requirements introduced by the Sexual
Offences Act 2003. The member of staff must sign and date the form as an audit trail to show
that he or she did hand it to the prisoner. If the offender has already been given a notice by the
court, see example (Annex G) make sure this notice is available and a copy of this is put on file,
it too should be handed to the offender, but it must be explained that the requirements may
have changed and that the new form is the correct one.
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2.3 THE PRISON MUST
 Ensure that offenders subject to the Sexual Offences Act 2003 are informed of their
requirement to register on reception and discharge procedures. See (Annex E)
 Keep one copy of the notice on file
 Send another copy to the #Chief Constable of the area to which the Offender is to be
discharged, or, if this is uncertain, the Chief Constable for the area of your establishment.
 Send another copy to the #Probation Officer / Offender Manager who will be responsible for
supervising the Offender. A further copy is to be taken and kept on the offender’s record.
 Ensure that all offenders subject to registration are identified as MAPPA nominals.
 Ensure that the details of all offenders subject to registration and have been identified as
MAPPA Level 3 are reported to the Area MAPPA Coordinator.
 During the discharge procedures the requirements to register are explained to the offender
orally and a form signed by staff and the offender to confirm. If English is not the prisoners
first language the establishment must arrange for it to be translated by an approved
translator so that it is fully understood by the prisoner.
 A copy of this form, court notice and if applicable, the sex offender prevention order, are
given to the offender. (Annex E)
#A covering note must be attached to any copies sent out. There are two versions available of
the covering note, one for ‘Release’and one for ‘Release on Temporary Licence’ (ROTL) see
(Annex’s G/H). In the case of ROTL, the relevant local Police and Probation Service must be
informed by the Prison of all prisoners released on temporary licence (refer to PSO6300 ROTL)
If an offender who is subject to these arrangements is transferred to another prison, a hospital,
or local authority secure accommodation from which they may be discharged from custody, the
notice must be transferred with the offender.
If an offender is received from another prison, hospital or local authority secure
accommodation, and it appears he or she is required to register under the Sexual Offences Act
2003, it must be ensured that the notice is included in their or her records.
The arrangements apply equally to those offenders who are required to register as the result of
a previous offence to the one for which they are in prison. While such offenders will know they
are required to register, their court notice is unlikely to be on file. Prison Management must
make every effort to identify these offenders to tell them (by means of the Notice to Offenders
available (Annex E) of the new requirements. (Annex A) gives a list of offences to which the
registration requirements apply. If the relevant offence took place in Scotland or Northern
Ireland, you will need to refer to part 2 of the Sexual Offences Act 2003. Some of the offences
have sentence or other thresholds and the registration requirement only applies where such
thresholds are met. For an explanation of thresholds see (Annex B).
3. MAPPA CATEGORY 1 REGISTERED SEXUAL OFFENDERS (RSOs)
This category includes offenders required to comply with the notification requirements (often
referred to as registration requirements) set out in Part 2, Sexual Offences Act (2003). These
offenders are often referred to as being on the ‘Sexual Offender Register’. A person convicted
of, cautioned for, or in respect of whom a finding is made in relation to an offence listed in
Schedule 3 to the Sexual Offenders Act (2003) will become subject to the notification
requirements of Part 2 of that Act.
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The identification of MAPPA category 1 offenders is primarily the responsibility of the Police.
The Police will create and maintain the ViSOR record for category 1 offenders. Where such
offenders are on statutory supervision to the Probation Service or Youth Offending Teams
(YOTs), these agencies will hold comprehensive information, which should be included on
ViSOR. They must liaise and work co-operatively with the Police.
Health Care Trusts, which run special hospitals and Local Secure Units, need to ensure the
timely registration of offenders being released from those establishments. They must ensure
that they identify any patients who qualify as MAPPA category 1 offender and must notify the
Police of patients being discharged from their establishments within six months of discharge.
The Police will ensure that the MAPPA Co-ordinator is aware of these cases, that they are
registered on to ViSOR within three days of conviction/sentence and that the record on ViSOR
is maintained to the ViSOR National Standards. Whilst the offender is in custody, the Police will
ensure that the Prison Service is created as a partner when establishments have checked the
data base and requested partner status to the ViSOR record.
3.1 RESTRICTIVE ORDERS
Where offenders pose a continuing risk of serious harm, the Police will consider whether the
risks posed by such an offender are sufficiently high to justify applying for one of the following
orders introduced in the Sexual Offences Act (2003):

Notification Order

Risk of Sexual Harm Order

Sexual Offences Prevention Order
4. (RSO) – REMOVAL OF REQUIREMENT TO REGISTER
Buggery and indecency between men for consensual sexual activity with a man aged 16 or 17 –
Removing the Requirement to Register.
Schedule 4 of the Sexual Offences Act 2003 provides a procedure for removing the notification
requirements from offenders who received a conviction or caution for the old offences of
buggery and indecency between men for consensual sexual activity with a man aged 16 or 17.
It will be for the offender to pursue an application to have the requirement to register removed.
The Sexual Offences Act 2003 has abolished the offences of buggery and indecency between
men and the final elements of the criminal law, which discriminate specifically against male
homosexual sexual activity, has been removed. However, there are some men who remain on
the sexual offenders register for consensual sexual activity, which is no longer, a criminal
offence, or remain an offence but will no longer trigger the notification requirements.
A procedure has been devised for removing the registration requirements from such offenders on
application to the Home Office. This procedure only applies to those convicted of buggery and/or
indecency between men (sections 12 and 13 of the Sexual Offences Act 1956) where the victim
or other party to the offence was aged 16 or 17 and consented to the activity. For more details,
and an application form, offenders should contact: The Schedule 4 Team,
Violent Crime Unit,
Home Office,
4th Floor Peel,
2 Marsham Street,
London, SW1P 4DF
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5. SEXUAL OFFENDER REGISTRATION
5.1 THE NOTIFICATION PERIOD BEGINS AT RELEVANT DATE
COMMENCEMENT OF THE NOTIFICATION PERIOD
In most cases the relevant date is the date of conviction or caution. However, where an
offender is convicted of an offence where there is a sentence threshold which must be met
before the offender becomes subject to the requirements then the relevant date will be the date
on which the sentencing threshold is met, i.e. the date of sentence.
5.2 EXAMPLE:
Paragraph 18 of Schedule 3 specifies that an adult offender only becomes subject to the
notification requirements for the offence of sexual assault (section 3 of the SOA 2003) when:
o
The victim was under 18, or
o
The offender is, in respect of the offence, sentenced to a term of imprisonment,
detained in a hospital or sentenced to a 12 month community sentence.
Three adult offenders are convicted of sexual assault on 1 June.
 The first offender committed the offence against a child under the age of 18; therefore his
"relevant date" would be 1 June regardless of the sentence he receives (other than an
absolute discharge) on that or a later date.
 The second offender committed the offence against someone aged 18 or over and on 1 July
he is sentenced to a term of imprisonment; therefore his "relevant date" would be 1 July.
 The third offender also committed the offence against someone aged 18 or over and he too
is sentenced on 1 July but only receives a 6 months community punishment for the offence;
therefore he does not meet the threshold and does not become subject to the notification
requirements.
Where an offender is subject to the notification requirements because he is subject to a sexual
offences prevention order, then his relevant date is the date of service of the order.
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6. SEXUAL OFFENDER REGISTRATION – LENGTH OF REGISTRATION PERIOD
How long will the offender have to register for, after release?
The wording of the table is taken from Section 82 of the Sexual Offences Act 2003. Both the
Custody period and the Extension period will count towards registration.
Where the offender:
He will be subject to the
notification requirements for:
Is sentenced to 30 months or more imprisonment (inc. life)
An indefinite period
Is admitted to a hospital subject to a restriction order
An indefinite period
Is sentenced to imprisonment for a term of more than 6
months but less than 30 months
10 years
Is sentenced to imprisonment for 6 months or less
7 years
Is admitted to hospital, without a restriction order
7 years
Is cautioned
2 years
Is given a conditional discharge
Received any other disposal (such as a community
punishment or fine)
The duration of the conditional
discharge
5 years
It is important to note that the changes to the notification periods for a caution will not apply to
cautions received before 1 May 2004.
A conditional discharge will only trigger the notification requirements where the conditional
discharge was received in respect of a conviction received on or after 1 May 2004.
6.1 YOUNG OFFENDER NOTIFICATION PERIODS
The above notification periods apply to offenders over the age of 18. Section 82 (2) provides
that for those under 18 when convicted, cautioned etc., the notification periods of 10, 7, 5 and 2
years are halved.
Sexual Offences Prevention Order
Offenders who are made subject to a SOPO by a court will have to comply with the notification
requirements for the duration of the order. A SOPO has a minimum duration of 5 years but the
order can last until it is appealed, discharged or a further order is made in respect of the same
offender.
Breach of a Risk of Sexual Harm Order
Offenders who are convicted or cautioned for a breach of a risk of sexual harm order will have
to comply with the notification requirements for the rest of the duration of the risk of sexual
harm order that they breached. A RSHO has a minimum duration of 2 years but the order can
last until it is appealed, discharged or a further order is made in respect of the same offender.
Where an offender appears to be subject to two or more notification periods he must comply
with the notification requirements for the period which ends at the latest point in time.
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6.2 PRESCRIBED POLICE STATIONS
Offenders subject to the requirements to register will have to sign at one of the prescribed
police stations listed in the Sexual Offences Act 2003(Prescribed Police Stations) Regulations
2004.
Sexual Offences Act 2003 Hyperlink
Prescribed Police Stations Hyperlink
SOA 2003
List of Police Stations
EXPLANATORY NOTE
(This note is not part of the Regulations)
The Regulations apply to England, Wales and Northern Ireland. Part 2 of the Sexual Offences
Act 2003 (the "2003 Act") re-enacts Part I of the Sex Offenders Act 1997 (the "1997 Act"), with
modifications. These Regulations therefore replace with amendments the Sex Offenders
(Notification Requirements) (Prescribed Police Stations) Regulations 2001 which were made
under equivalent powers in the 1997 Act. The 2003 Act specifies that relevant offenders are
subject to requirements to notify certain personal details to the police. Section 87(1) of the 2003
Act provides for such notifications to be given by attending any police station in a person's local
police area which is prescribed in regulations. "Local police area" is defined in section 88(3) of
the 2003 Act. Under the 2003 Act, relevant offenders may attend a police station in their local
area prescribed in these Regulations in order to fulfil their notification obligations. Their
obligations are to supply an initial notification to police, notify them of changes in their notifiable
details, to notify the police periodically after the initial notification, and to comply with notification
requirements in respect of travel outside the United Kingdom.
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Public Protection Manual
Sexual Offender Registration
ANNEX A
Schedule 3: Offences which attract the Requirement to Register
Sexual Offences Act 2003 Part 2 - Crown copyright
text downloaded from www.legislation.hmso.gov.uk/acts
Schedule 3
Section 80
Sexual Offences for Purposes of Part 2
England and Wales
1 An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape).
2 An offence under section 5 of that Act (intercourse with girl under 13).
3
An offence under section 6 of that Act (intercourse with girl under 16), if the
20 or over.
offender was
4 An offence under section 10 of that Act (incest by a man), if the victim or (as the case may
be) other party was under 18.
5 An offence under section 12 of that Act (buggery) if(a) the offender was 20 or over, and
(b) the victim or (as the case may be) other party was under 18.
6 An offence under section 13 of that Act (indecency between men) if(a) the offender was 20 or over, and
(b) the victim or (as the case may be) other party was under 18.
7 An offence under section 14 of that Act (indecent assault on a woman) if(a) the victim or (as the case may be) other party was under 18, or
(b) the offender, in respect of the offence or finding, is or has been(i) sentenced to imprisonment for a term of at least 30 months; or
(ii) admitted to a hospital subject to a restriction order.
8 An offence under section 15 of that Act (indecent assault on a man) if(a) the victim or (as the case may be) other party was under 18, or
(b) the offender, in respect of the offence or finding, is or has been(i) sentenced to imprisonment for a term of at least 30 months; or
(ii) admitted to a hospital subject to a restriction order.
9 An offence under section 16 of that Act (assault with intent to commit buggery), if the victim
or (as the case may be) other party was under 18.
10 An offence under section 28 of that Act (causing or encouraging the prostitution of,
intercourse with or indecent assault on girl under 16).
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11 An offence under section 1 of the Indecency with Children Act 1960 (c. 33) (indecent
conduct towards young child).
12 An offence under section 54 of the Criminal Law Act 1977 (c. 45) (inciting girl under 16 to
have incestuous sexual intercourse).
13 An offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent
photographs of children), if the indecent photographs or pseudo-photographs showed
persons under 16 and(a) the conviction, finding or caution was before the commencement of this Part, or
(b) the offender(i) was 18 or over, or
(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
14 An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2)
(penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported
under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene
articles), if the prohibited goods included indecent photographs of persons under 16 and(a) the conviction, finding or caution was before the commencement of this Part, or
(b) the offender(i) was 18 or over, or
(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
15 An offence under section 160 of the Criminal Justice Act 1988 (c. 33) (possession of
indecent photograph of a child), if the indecent photographs or pseudo-photographs
showed persons under 16 and(a) the conviction, finding or caution was before the commencement of this Part, or
(b) the offender(i) was 18 or over, or
(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
16
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse
of position of trust), if the offender was 20 or over.
17 An offence under section 1 or 2 of this Act (rape, assault by penetration).
18 An offence under section 3 of this Act (sexual assault) if(a) where the offender was under 18, he is or has been sentenced, in respect of the offence,
to imprisonment for a term of at least 12 months;
(b) in any other case(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
19
An offence under any of sections 4 to 6 of this Act (causing sexual activity without
consent, rape of a child under 13, assault of a child under 13 by penetration).
20 An offence under section 7 of this Act (sexual assault of a child under 13) if the offender(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
21
An offence under any of sections 8 to 12 of this Act (causing or inciting a
to engage in sexual activity, child sex offences committed by adults).
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child under 13
11
22
An offence under section 13 of this Act (child sex offences committed by children or young
persons), if the offender is or has been sentenced, in respect of the offence, to
imprisonment for a term of at least 12 months.
23
An offence under section 14 of this Act (arranging or facilitating the commission of a child
sex offence) if the offender(a) was 18 or over, or
(b) is or has been sentenced, in respect of the offence, to imprisonment for a term of at least
12 months.
24
25
An offence under section 15 of this Act (meeting a child following sexual grooming etc).
An offence under any of sections 16 to 19 of this Act (abuse of a position of trust) if the
offender, in respect of the offence, is or has been(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
26
An offence under section 25 or 26 of this Act (familial child sex offences) if the offender(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
27
An offence under any of sections 30 to 37 of this Act (offences against persons with a
mental disorder impeding choice, inducements etc. to persons with mental disorder).
28 An offence under any of sections 38 to 41 of this Act (care workers for persons with mental
disorder) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence
to imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been(i) sentenced to a term of imprisonment,
(ii) detained in a hospital, or
(iii) made the subject of a community sentence of at least 12 months.
29
An offence under section 47 of this Act (paying for sexual services of a child) if the victim
or (as the case may be) other party was under 16, and the offender(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
29A An offence under section 48 of this Act (causing or inciting child prostitution or
pornography) if the offender –
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
29B An offence under section 49 of this Act (controlling a child prostitute or a child involved in
pornography) if the offender –
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
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29C An offence under section 50 of this Act (arranging or facilitating child prostitution or
pornography) if the offender –
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.”.
30 An offence under section 61 of this Act (administering a substance with intent).
31
An offence under section 62 or 63 of this Act (committing an offence or trespassing, with
intent to commit a sexual offence) if-
(a) where the offender was under 18, he is or has been sentenced in respect of the offence
to imprisonment for a term of at least 12 months;
(b) in any other case(i) the intended offence was an offence against a person under 18, or
(ii) the offender, in respect of the offence or finding, is or has been(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
32
An offence under section 64 or 65 of this Act (sex with an adult relative) if -
(a) where the offender was under 18, he is or has been sentenced in respect of the offence
to imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been(i) sentenced to a term of imprisonment, or
(ii) detained in a hospital.
33 An offence under section 66 of this Act (exposure) if(a) where the offender was under 18, he is or has been sentenced in respect of the offence
to imprisonment for a term of at least 12 months;
(b) in any other case(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
34
An offence under section 67 of this Act (voyeurism) if-
(a) where the offender was under 18, he is or has been sentenced in respect of the offence
to imprisonment for a term of at least 12 months;
(b) in any other case(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
35
An offence under section 69 or 70 of this Act (intercourse with an animal, sexual
penetration of a corpse) if -
(a) where the offender was under 18, he is or has been sentenced in respect of the offence
to imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been(i) sentenced to a term of imprisonment, or
(ii) detained in a hospital.
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Scotland
36
Rape.
37
Clandestine injury to women.
38
Abduction of woman or girl with intent to rape.
39
Assault with intent to rape or ravish.
40
Indecent assault.
41
Lewd, indecent or libidinous behaviour or practices.
42
Shameless indecency, if a person (other than the offender) involved in the offence was
under 18.
43
Sodomy, unless every person involved in the offence was 16 or over and was a willing
participant.
44
An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2)
(penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be
imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or
obscene articles), if the prohibited goods included indecent photographs of persons
under 16.
45
An offence under section 52 of the Civic Government (Scotland) Act 1982 (c. 45) (taking
and distribution of indecent images of children).
46
An offence under section 52A of that Act (possession of indecent images of children).
47
An offence under section 106 of the Mental Health (Scotland) Act 1984 (c. 36) (protection
of mentally handicapped females).
48
An offence under section 107 of that Act (protection of patients).
49
An offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.
39) (incest), if a person (other than the offender) involved in the offence was under 18.
50
An offence under section 2 of that Act (intercourse with a stepchild), if a person (other
than the offender) involved in the offence was under 18.
51
An offence under section 3 of that Act (intercourse with child under 16 by person in
position of trust).
52
An offence under section 5 of that Act (unlawful intercourse with girl under 16), save in
the case of an offence in contravention of subsection (3) of that section where the
offender was under 20.
53
54
An offence under section 6 of that Act (indecent behaviour towards girl
16).
between 12 and
An offence under section 8 of that Act (abduction of girl under 18 for
unlawful intercourse).
purposes of
55
An offence under section 10 of that Act (person having parental responsibilities causing
or encouraging sexual activity in relation to a girl under 16).
56
An offence under section 13(5) of that Act (homosexual offences) unless every person
involved (whether in the offence or in the homosexual act) was 16 or over and was a
willing participant.
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
14
57
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse
of position of trust), where the offender was 20 or over.
58
An offence under section 311(1) of the Mental Health (Care and Treatment) (Scotland)
Act 2003 (asp 13) (non-consensual sexual acts).
59
An offence under section 313(1) of that Act (persons providing care services: sexual
offences).
An offence in Scotland other than is mentioned in paragraphs 36 to 59 if the court, in
imposing sentence or otherwise disposing of the case, determines for the purposes of
this paragraph that there was a significant sexual aspect to the offender's behaviour in
committing the offence.
60
Northern Ireland
61
62
Rape.
An offence under section 52 of the Offences against the Person Act 1861 (c. 100)
(indecent assault upon a female) if-
(a) where the offender was under 18, he is or has been sentenced, in respect of the offence,
to imprisonment for a term of at least 12 months;
(b) in any other case(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
63
An offence under section 53 or 54 of that Act (abduction of woman by force for unlawful
sexual intercourse) if the offender-
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
64
An offence under section 61 of that Act (buggery) if-
(a) the offender was 20 or over, and
(b) the victim or (as the case may be) other party was under 18.
65
An offence under section 62 of that Act of assault with intent to commit buggery if the
victim or (as the case may be) other party was under 18, and the offender -
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
66
An offence under section 62 of that Act of indecent assault upon a male person if-
(a) where the offender was under 18, he is or has been sentenced, in respect of the offence,
to imprisonment for a term of at least 12 months;
(b) in any other case(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
15
67 An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69)(procuration) if
the offender(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
68
An offence under section 3 of that Act (procuring defilement of woman by threats or
fraud, etc.) if the offender-
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
69
An offence under section 4 of that Act of unlawful carnal knowledge of a girl under 14 if
the offender-
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
70
An offence under section 5 of that Act of unlawful carnal knowledge of a girl under 17, if
the offender was 20 or over.
71
An offence under section 7 of that Act (abduction of girl under 18) if the offender-
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
72
An offence under section 11 of that Act (homosexual offences) if-
(a) the offender was 20 or over, and
(b) the victim or (as the case may be) other party was under 18.
73
An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by
males), if -
(a) where the offender was under 18, he is or has been sentenced in respect of the offence
to imprisonment for a term of at least 12 months;
(b) in any other case(i) the victim or (as the case may be) other party was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been(a) sentenced to a term of imprisonment, or
(b) detained in a hospital.
74
An offence under section 2 of that Act (incest by females), if-
(a) where the offender was under 18, he is or has been sentenced in respect of the offence
to imprisonment for a term of at least 12 months;
(b) in any other case(i) the victim or (as the case may be) other party was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been(a) sentenced to a term of imprisonment, or
(b) detained in a hospital.
75
An offence under section 21 of the Children and Young Persons Act (Northern Ireland)
1968 (c. 34) (causing or encouraging seduction or prostitution of a girl under 17) if the
offender-
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
16
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
76
An offence under section 22 of that Act (indecent conduct towards a child) if the offender-
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
77
An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978
(S.I. 1978/1047 (N.I. 17)) (indecent photographs of children) if the offender-
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
78
An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2)
(penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be
imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or
obscene articles), if the prohibited goods included indecent photographs of persons
under 16, and the offender(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
79
An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I.
1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse) if the
offender-
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
80
81
An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (S.I.
1986/595 (N.I. 4)) (offences against women suffering from severe mental handicap).
An offence under Article 123 of that Order (offences against patients) if-
(a) where the offender was under 18, he is or has been sentenced in respect of the offence
to imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been(i) sentenced to a term of imprisonment,
(ii) detained in a hospital, or
(iii) made the subject of a community sentence of at least 12 months.
82
An offence under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland)
Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of indecent photographs of children) if
the offender-
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
83
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse
of position of trust), if the offender, in respect of the offence or finding, is or has been-
(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
17
84
An offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I.
2003/1247 (N.I. 13)) (buggery) if-
(a) the offender was 20 or over, and
(b) the victim or (as the case may be) other party was under 17.
85
An offence under Article 20 of that Order (assault with intent to commit buggery) if the
victim was under 18 and the offender-
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least
12 months.
86
An offence under Article 21 of that Order (indecent assault upon a male) if-
(a) where the offender was under 18, he is or has been sentenced, in respect of the offence,
to imprisonment for a term of at least 12 months;
(b) in any other case(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
87
An offence under section 15 of this Act (meeting a child following sexual grooming etc.).
88
An offence under any of sections 16 to 19 of this Act (abuse of trust) if the offender, in
respect of the offence or finding, is or has been-
(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
89
An offence under section 47 of this Act (paying for sexual services of a child) if the victim
or (as the case may be) other party was under 17 and the offender(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to a term of imprisonment of at least
12 months.
90
An offence under section 66 of this Act (exposure) if-
(a) where the offender was under 18, he is or has been sentenced in respect of the offence
to imprisonment for a term of at least 12 months;
(b) in any other case(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
91
An offence under section 67 of this Act (voyeurism) if(a) where the offender was under 18, he is or has been sentenced in respect of the offence
to imprisonment for a term of at least 12 months;
(b) in any other case(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
18
92
An offence under section 69 or 70 of this Act (intercourse with an animal, sexual
penetration of a corpse) if -
(a) where the offender was under 18, he is or has been sentenced in respect of the offence
to imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been(i) sentenced to a term of imprisonment, or
(ii) detained in a hospital.
Service offences
93
(1) An offence under-
(a) section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
(b) section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or
(c) section 42 of the Naval Discipline Act 1957 (c. 53),
of which the corresponding civil offence (within the meaning of that Act) is an offence
listed in any of paragraphs 1 to 35.
(2) A reference in any of those paragraphs to being made the subject of a community
sentence of at least 12 months is to be read, in relation to an offence under an
enactment referred to in sub-paragraph (1), as a reference to being sentenced to a
term of service detention of at least 112 days.
General
94
A reference in a preceding paragraph to an offence includes(a) a reference to an attempt, conspiracy or incitement to commit that offence, and
(b) except in paragraphs 36 to 43, a reference to aiding, abetting, counselling or procuring
the commission of that offence.
95
A reference in a preceding paragraph to a person's age is(a) in the case of an indecent photograph, a reference to the person's age
photograph was taken;
(b) in any other case, a reference to his age at the time of the offence.
96
when the
In this Schedule "community sentence" has(a) in relation to England and Wales, the same meaning as in the Powers of Criminal
Courts (Sentencing) Act 2000 (c. 6), and
(b) in relation to Northern Ireland, the same meaning as in the Criminal Justice (Northern
Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).
97
For the purposes of paragraphs 14, 44 and 78-
(a) a person is to be taken to have been under 16 at any time if it appears from the evidence
as a whole that he was under that age at that time;
(b) section 7 of the Protection of Children Act 1978 (c. 37) (interpretation), subsections (2) to
(2C) and (8) of section 52 of the Civic Government (Scotland) Act 1982 (c. 45), and
Article 2(2) and (3) of the Protection of Children (Northern Ireland) Order 1978 (S.I.
1978/1047 (N.I. 17)) (interpretation) (respectively) apply as each provision applies for
the purposes of the Act or Order of which it forms part.
98
A determination under paragraph 60 constitutes part of a person's sentence, within the
meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for the purposes of any appeal
or review.
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
19
Public Protection Manual
Sexual Offender Registration - Thresholds
ANNEX B
Sexual Offender Registration - Thresholds
Thresholds which must be met before an offender becomes subject to the notification
requirements of Part 2 of the Sexual offences Act 2003.
Offence
Threshold to registration in Schedule 3
Indecent photographs of children
under 16
(Sec 1, POCA 1978)
Where the offender is under 18:
 12 months imprisonment

Where the offender is 18 or above:
automatic registration
Importing indecent photographs of
children under 16 (Sec 170,
Customs and Excise Management
Act 1979 and Sec 42 Customs
Consolidation Act 1876)
Where the offender is under 18:
 12 months imprisonment
Possession of indecent
photographs of children under 16
(Sec 160 CJA 1988)
Where the offender is under 18:
 12 months imprisonment
Where the offender is 18 or above:
 automatic registration
Where the offender is 18 or above:
 automatic registration
Rape (1)1[1], Assault by penetration
(2),
Automatic registration
Sexual assault (3)
Where the offender is under 18:
 12 months imprisonment
Where the offender is 18 or above:
 the victim was under 18; or
 the offender received a prison sentence; or
 was detained in a hospital; or
 was made the subject of a 12 month community
sentence2[2]
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
20
Causing sexual activity without
consent (4)
Rape of a child under 13 (5)
Assault of child under 13 by
penetration (6)
Automatic registration
Sexual assault of a child under 13
(7)
Where the offender is under 18:
 12 months imprisonment
Where the offender is 18 or above:
 automatic registration
Causing or inciting a child under 13
to engage in sexual activity (8)
Child sex offences committed by
adults (9 – 12)
Automatic registration
Child sex offences committed by
children or young persons (13)
(The offender will always be under 18):
 12 months imprisonment
Arranging or facilitating the
commission of a child sex offence
(14)
Where the offender is under 18:
 12 months imprisonment
Where the offender is 18 or above:
 automatic registration
Meeting a child following sexual
grooming (15)
Automatic registration
Abuse of a position of trust (16 –
19)
Where the offender:
 received a prison sentence; or
 was detained in a hospital; or
 was made the subject of a 12 month community
sentence
Familial child sex offences (25 – 26)
Where the offender is under 18:
 12 months imprisonment
Where the offender is 18 or above:
 automatic registration
Offences against persons with a
mental disorder (30 – 37)
Automatic registration
Care worker offences (38 – 41)
Where the offender is under 18:
 12 months imprisonment
Where the offender is 18 or above:
 received a prison sentence; or
 was detained in a hospital; or
 was made the subject of a 12 month community
sentence
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
21
Paying for the sexual services of a
child (47)
Where the victim was under 16:
 And the offender was under 18, 12 months
imprisonment
And the offender was 18 or above, automatic
registration
Administering a substance with
intent (61)
Automatic registration
Committing an offence (62), or
trespassing (63), with intent to
commit a sexual offence
Where the offender is under 18:
 12 months imprisonment
Where the offender is 18 or above:
 the victim was under 18; or
 the offender received a prison sentence; or
 was detained in a hospital; or
 was made the subject of a 12 month community
sentence
Sex with an adult relative (64 – 65)
Where the offender is under 18:
 12 months imprisonment
Where the offender is 18 or above:
 received a prison sentence; or
 was detained in a hospital
Voyeurism (67)
Where the offender is under 18:
 12 months imprisonment
Where the offender is 18 or above:
 the victim was under 18; or
 the offender received a prison sentence; or
 was detained in a hospital; or
 was made the subject of a 12 month community
sentence
Intercourse with an animal (69) or
sexual penetration of a corpse (70)
Where the offender is under 18:
 12 months imprisonment
Where the offender is 18 or above:
 received a prison sentence; or
 was detained in a hospital
[1]
Number in brackets denotes section number in the Sexual Offences Act 2003
A 12 month community sentence is the equivalent of 112 days Service detention
[2]
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
22
Public Protection Manual
Sexual Offender Registration – Flow
ANNEX C
Conviction,
caution or
finding
received
A notification
order, interim
notification
order, sexual
offences
prevention
order (SOPO)
or interim
(SOPO) is
made in court
Is the
offence
listed in
Schedule 3
of the SOA
2003?
NO
Is there a
sentence
threshold to
be met?
YES
NO
The notification requirements only apply
when the sentence received meets the
threshold. Once the sentence has been
received, does the sentence meet the
threshold set out in Schedule 3?
NO
The notification
requirements do
not apply
YES
The notification
requirements do
not apply
THE OFFENDER IS A “RELEVANT OFFENDER”
Note: If the court makes parental directions in respect of a young offender, then the
person with (parental responsibility) must comply with the following requirements
Has the offender been sent to
immediate Custody or detained in a
hospital?
YES
Conviction,
caution or
finding
received for
breach of a
risk of sexual
harm order
(RSHO) or an
interim
(RSHO)
YES
He must make his
initial notification
within 3 days of
release
The notification requirements
will not apply while the
offender is in prison or
detained in a hospital
He must notify
such changes to
the police within 3
days
He must notify
such changes to
the police within 3
days
YES
YES
He must make his
initial notification within
3 days of conviction,
caution, sentence or
date of order
Over the following 12 months, has the offender changed
his name, his home address or been released from
detention
Has the offender stayed at an address that he has not
notified to the police for a period of 7 days or more?
NO
NO
Is the offender,
already subject to
the notification
requirements
because of a
previous
conviction
YES
NO
NO
He will not have to
make another
“initial notification”
but must continue
to comply with the
notification
requirements
All registered offenders must re-confirm their notified
details every 12 months; within one year after the last
notification to the police
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
23
Public Protection Manual
Foreign Travel
ANNEX D
Sexual Offender Registration –
Record Of Foreign Travel Notification
By A Registered Sexual Offender For Police Records
(This form is designed for use by police and has been made available here for
information purposes only.)
This form comprises three sections.
The information requested in the first section MUST be provided by the offender in all
cases where such information is available. Foreign travel notifications must be made
7 days before the anticipated date of departure where the information is held by the
offender. Where the information is not known 7 days before departure then the date
of departure and the destination country must be provided 24 hours before
departure, as well as any of the information required by the regulations where he
holds such information. The offender should be warned that if it later becomes clear
that he / she was in possession of any of the specified information and did not
provide it no later than 24 hours prior to departure, he / she will be liable for
prosecution. A person failing to comply with the requirements set out above without
reasonable excuse, or who provides the police with false information, could be sent
to prison for up to 5 years.
The offender may be asked to provide the information in the second section but
he/she is not obliged to provide it.
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
24
Record Of Foreign Travel Notification By a Registered Sexual Offender
for Police Records
Section One:
NAME(S) (as currently notified)
…………………………………………………………………………………………
HOME ADDRESS (as currently notified)
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
………………………………………
DATE OF BIRTH
…………………………………………………………………………………………
DATE OF DEPARTURE FROM THE UK
…………………………………………………………………………………………
DESTINATION COUNTRY (or, if more than one, the first)
…………………………………………………………………………………………
POINT OF ARRIVAL IN THAT COUNTRY
…………………………………………………………………………………………
POINT(S) OF ARRIVAL IN ANY COUNTRIES HE WILL BE VISITING IN
ADDITION TO THE INITIAL DESTINATION
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………
THE CARRIER(S) HE WILL USE TO TRAVEL TO AND FROM THE UNITED
KINGDOM AND BETWEEN COUNTRIES WHILE HE IS OUTSIDE IT (NOT
INTERNAL FLIGHTS):
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………
DETAILS OF ACCOMMODATION ARRANGEMENTS FOR FIRST NIGHT
OUTSIDE THE UNITED KINGDOM:
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………
DATE OF RE-ENTRY TO THE UNITED KINGDOM
…………………………………………………………………………………………
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
25
POINT OF ARRIVAL ON RETURN TO THE UNITED KINGDOM
…………………………………………………………………………………………
Section Two
The following information does not have to be provided but if provided, then it
should be noted here
Purpose of visit
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
………………………………………
Are you subject to any licence or order that prevents you from leaving the UK
or visiting a particular country?
…………………………………………………………………………………………
Mode of travel to departure point
…………………………………………………………………………………………
Booking reference no./booking agent
…………………………………………………………………………………………
The names of anyone travelling with you
…………………………………………………………………………………………
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
26
Section Three
This section is administrative information to be completed by the police officer
or other authorised person at a police station.
Date of notification of travel
…………………………………………………………………………………………
……
Date of notification of return
…………………………………………………………………………………………
……………
Date and location where first notification of this trip was made (if applicable)
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………
SIGNATURES:
Offender’s signature:
…………………………………………………………………………………………
……………
Officer taking details and station
…………………………………………………………………………………………
……………
OIC If different from above
…………………………………………………………………………………………
……………
A COPY OF THIS FORM SHOULD BE GIVEN TO THE OFFENDER.
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
27
Public Protection Manual
Sexual Offenders Registration Notice
ANNEX E
HMP / YOI
HM PRISON SERVICE
PART 2 of the SEXUAL OFFENCES ACT 2003
SEXUAL OFFENDERS WHO NEED TO REGISTER WITH THE POLICE
Offenders Full Name
Prison Number
CRO no
I have read and verbally explained the contents of this document to the offender named in
this notification who has confirmed that they fully understand the requirements to register
which applied to them.
Registration requirements explained on reception procedures
Yes
No
Registration requirements explained on discharge procedures
Date Notice Issued
Yes
No
Issued by / Print Name
Signature
This notice contains a summary of the registration requirements you must comply with. It is not
a complete statement of the law. If you need further explanation or advice you should consult a
solicitor. It is important that you are aware that all notifications will have to be made in person at
one of the list of prescribed police stations.
Notification on release from imprisonment
1.
Your initial notification must be made at a prescribed police station within 3 days of your
release from imprisonment. If you have already made your initial notification to the police
(because you were subject to the requirements before entering prison) then you must notify the
police, even if the details you originally notified have not changed, within 3 days of your release.
Changes to your notified details
2.
You must notify the police of any changes to your notified details, such as your name, any
new aliases or your home address, within 3 days of making such a change.
Staying at another address for 7 days or more
3.
You must notify the police if you stay at another address for a total of 7 days or more.
This includes any address at which you have spent two or more periods in any 12 months which
taken together amount to 7 days or more. Such changes must be notified to the police within 3
days of the 7 day period ending.
Advance notification
4.
It is possible, if you wish, to notify the police of changes to your notified details in
advance. If you make such a notification you will have to inform the police of the date of the
expected change. However, if you make an advance notification but the change takes place
more than two days before the anticipated date, you must make another notification and inform
the police of this. If an advance notification is made and the change has not taken place within
three days beginning with the anticipated date, you must, within six days of the anticipated date,
notify the police that the change has not happened, and then must comply with the duty to
notify changes to your details.
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
28
National Insurance Numbers
5.
All registered sexual offenders must provide their national insurance numbers to the
police. This means that when you next make a notification you must be able to inform the
police of your national insurance number.
Annual notification
6.
At least once every 12 months you must confirm that your notified details are correct.
This period of 12 months begins at your last notification to the police. This means that if you do
not attend at a police station over the next 12 months to notify a change to your details then you
must attend at a police station to confirm your details before 1 May 2005. If you are out of the
UK, in prison or detained in a hospital on that date then you must confirm your details within 3
days of your return / release.
Fingerprints and photographs
7.
The police may take your photograph and your fingerprints when you notify them of any
changes to your notified details and when you make your annual notification.
Foreign travel
8.
You must notify the police of your intention to travel abroad for 3 days or more at least 7
days prior to departure where you have the information. In cases where travel is required at
short notice you have to notify the police 24 hours prior to departure. Where you have given
notice to leave the UK and not provided details of your return, within three days of your return,
you must report your return at a prescribed police station.
IF YOU FAIL TO COMPLY WITH THESE REQUIREMENTS YOU ARE LIABLE TO BE
ARRESTED AND COULD FACE UP TO FIVE YEARS IMPRISONMENT.
How long you must do this for?
Because of your sentence, we calculate that you must continue to register for the following
period. It is suggested that you confirm this with the police when you make your notification on
release from imprisonment. It is your responsibility to check this if you are not certain.
(If the offender was over 18 when convicted or cautioned) Tick relevant box
Indefinitely
For 10 years
For 7 years
For 5 years
For 2 years (Caution)
Conditional Discharge
Duration
(If the offender was under 18 when convicted or cautioned) Tick relevant box
Indefinitely
For 5 years
For 3½ years
For 2½ years
For 1 year (Caution)
Conditional Discharge
Duration
If you have more than one conviction or caution for a relevant offence, then you must comply
with the notification period, which ends at the latest point in time.
If you are subject to a sexual offences prevention order then the notification requirement will last
for at least the duration of the order.
Offenders Name / Print
Offenders Signature
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
Date
29
ANNEX F Court Notice of the Requirement to Register / Example
CERTIFICATE OF CONVICTION OR FINDING
Sexual Offences Act S.92
IN THE CROWN / MAGISTRATES’ / YOUTH COURT AT.........................
DATE…………………………………….…..……………
CASE No…………………………………………………
Name……………………………………………….……
Address………………………………………………………………………………….…
………………………………………………………………………………………………
Date of Birth.................................……………...........
Date of conviction/finding................………...............
Convicting court if different.....................…..............
Date of sentence if different.....................….…….....
Offence(s) and sentence(s)………….…………………………………………….........
..................................................................………………………………………….....
Remanded in custody?…………………………………………………………………..
Ancillary orders......….......................................………………………………………..
I hereby certify that the above named defendant was on the above date
[convicted] [found not guilty by reason of insanity] [found to be under a
disability and to have done the act charged against him] in respect of
the above sexual offence(s) to which the notification requirements
provided for by Part 2 of the Sexual Offences Act 2003 applies and that
the court so stated in open court on that date.
………………………………………………………………..OFFICER OF THE
COURT
………………………………………………………………..Date
For the immediate services: CPS/ Police/Prison (etc.)/Hospital/Local
Authority/Probation/court file. Copy for defendant (who should be asked
to sign below)
…………………………………………...............................(Defendant’s
signature)
………………………………………………………………..Date
[Note : This form replaces one issued in the case of this defendant on.................]
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
30
Public Protection Manual
Sexual Offences Release Notification
ANNEX G
Notification to the Police & Probation officer of release of an offender subject
to the Sexual Offences Act 2003
To
From
To the Chief Constable
And (where appropriate)
To the Offenders Probation Officer /
Offender Manager
Address of HMP / YOI Establishment
SEXUAL OFFENCES ACT, PART 2
I am writing to inform you that [name and number of offender] whose details are set
out below, will be released on [date] to the discharge address set out below.
Offence details are set out on Court notice attached
Offence details are as set out below
Offence
Sentencing Court
Yes No
Yes No
Sentence
Date Sentenced
Attached Reports
A copy of the notice which was issued by the court/ by the prison
A copy of a sexual offences prevention order made by the court.
The originals will be handed to the offender on release
CRO Number
ViSOR Number
Discharge Address
Yes No
Yes No
Full Name (Print)
Grade
Department
Signature
Date
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
31
Public Protection Manual
Sexual Offences Notification
Release on Temporary Licence
ANNEX H
Notification to the Police & Probation officer of Release on Temporary Licence
(ROTL) of an offender subject to Part 2 of the Sexual Offences Act 2003
To
From
To the Chief Constable
And (where appropriate)
To the Offenders Probation Officer /
Offender Manager
Address of HMP / YOI Establishment
SEXUAL OFFENCES ACT, PART 2
I am writing to inform you that [name and number of offender] whose details are set
out below, will be released on temporary licence on the [date] for [……..] days to
the address set out below.
Offence details are set out on court notice attached
Offence details are as set out below
Offence
Sentencing Court
Yes No
Yes No
Sentence
Date Sentenced
Attached Reports
A copy of the notice which was issued by the court/ by the prison
A copy of a sexual offences prevention order made by the court.
The originals will be handed to the offender on release
CRO Number
ViSOR Number
Discharge Address
Yes No
Yes No
Full Name (Print)
Grade
Department
Signature
Date
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
32
Public Protection Manual
Sexual Offenders Register
Offenders Information
ANNEX I
Letter to Offenders about changes in legislation from the Governor
CHANGES TO THE “SEXUAL OFFENDERS REGISTER” COMING INTO
FORCE ON 1st MAY 2004 (SEXUAL OFFENCES ACT 2003)
Offender’s details
I am writing to inform you of a number of amendments to the scheme for registration of
sexual offenders, which will have effect from 1st May 2004, and will affect the requirements
which relate to you. These changes are the result of the Sexual Offences Act 2003, which
replaces the Sexual Offenders Act 1997.
It is important that you are aware that all notifications will have to be made in person at one of
the list of prescribed police stations.
Notification on release from imprisonment
1.
Your initial notification must be made at a prescribed police station within 3 days of
your release from imprisonment. If you have already made your initial notification to the
police (because you were subject to the requirements before entering prison) then you must
notify the police, even if the details you originally notified have not changed, within 3 days of
your release.
Changes to your notified details
2.
You must notify the police of any changes to your notified details, such as your name,
any new aliases or your home address, within 3 days of making such a change.
Staying at another address for 7 days or more
3.
You must notify the police if you stay at another address for a total of 7 days or more.
This includes any address at which you have spent two or more periods in any 12 months
which taken together amount to 7 days or more. Such changes must be notified to the police
within 3 days of the 7 day period ending.
Advance notification
4.
It is possible, if you wish, to notify the police of changes to your notified details in
advance. If you make such a notification you will have to inform the police of the date of the
expected change. However, if you make an advance notification but the change takes place
more than two days before the anticipated date, you must make another notification and
inform the police of this. If an advance notification is made and the change has not taken
place within three days beginning with the anticipated date, you must, within six days of the
anticipated date, notify the police that the change has not happened, and then must comply
with the duty to notify changes to your details.
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
33
National Insurance Numbers
5.
All registered sex offenders must provide their national insurance numbers to the
police. This means that when you next make a notification you must be able to inform the
police of your national insurance number.
Annual notification
6.
At least once every 12 months you must confirm that your notified details are correct.
This period of 12 months begins at your last notification to the police. This means that if you
do not attend at a police station over the next 12 months to notify a change to your details
then you must attend at a police station to confirm your details before 1 May 2005. If you are
out of the UK, in prison or detained in a hospital on that date then you must confirm your
details within 3 days of your return / release.
Fingerprints and photographs
7.
The police may take your photograph and your fingerprints when you notify them of
any changes to your notified details and when you make your annual notification.
Foreign travel
8.
You must notify the police of your intention to travel abroad for 3 days or more at
least 7 days prior to departure where you have the information. In cases where travel is
required at short notice you have to notify the police 24 hours prior to departure. Where you
have given notice to leave the UK and not provided details of your return, within three days of
your return, you must report your return at a prescribed police station.
IF YOU FAIL TO COMPLY WITH THESE REQUIREMENTS YOU ARE LIABLE TO BE
ARRESTED AND COULD FACE UP TO FIVE YEARS IMPRISONMENT.
Yours sincerely
The Governor
PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION
34
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