Amended notification of sexual offenders

Schedule 5 of the Criminal Justice and Court Service Act 2000 came into force on 1 June 2001.

The provisions amend and strengthen the Sex Offenders Act 1997.

Initial notification to the police will be reduced from 14 days to three days; it must be done in person and fingerprints may be taken to verify identity (this is not governed by the Police and Criminal Evidence Act 1984 (PACE) but these fingerprints and photographs will be retained under the Criminal Evidence and Police Act 2001).

Also, photographs can be taken for future identification (again not governed by PACE, but there appears to be no legislative requirement either to keep or destroy the photographs).

In addition, there is a new notification of relevant information requirement which will be governed by regulations not yet published, and notification requirements when intending to leave and/or return to the UK.

Where the notification requirements are breached, the maximum penalty on indictment is increased to five years and/or fine.

In addition the court will have the power to make a restraining order if it is of the opinion that the offender poses a serious risk of harm to the public, therefore justifying the restriction of liberty.

The order can be for a fixed or indefinite period and can be concurrent to any other order.

Appeal against the making of the order involves the same procedures as appealing against sentence.

Breach of the order will be an arrestable offence punishable on indictment by a maximum of five years and/or fine.