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 2 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. PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION 3 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. PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION 4 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. PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION 5 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 PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION 6 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. PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION 7 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. PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION 8 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. PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION 9 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). PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION 10 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). PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION 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. PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION 12 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. PPM CHAPTER 3 SEXUAL OFFENDER REGISTRATION 13 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