The Sex Offender Register.

Sex Offender Notification Requirements and Sarah's Law

People often refer to the "sex offenders register", but this can be misleading. In England and Wales, there is no public list that anyone can search. The system is based on notification requirements, which require certain people convicted, cautioned or otherwise dealt with for sexual offences to provide information to the police.

The purpose of the notification requirements is to help the police manage risk, monitor relevant offenders and protect the public. The rules can be strict, and failure to comply can itself be a criminal offence.

How the Notification Requirements Work

A person subject to notification requirements must provide specified details to the police. This usually includes their name, address, date of birth, National Insurance number and other required information.

Initial notification must usually be made within three days of the relevant trigger, such as conviction, caution, finding, or release from custody. The person must then renew their notification annually and must notify the police within the required time if certain details change.

Changes That Must Be Reported

The exact requirements depend on the case. Still, a person subject to notification requirements may need to tell the police about changes to address, name, travel, bank and payment details, passports or identity documents, vehicles, internet identifiers or other relevant information.

Foreign travel can also trigger specific notification duties. People subject to these requirements should check the exact rules that apply to them and take advice if they are unsure.

Failure to Comply

Failing to comply with sex offender notification requirements is a criminal offence. This can include failing to register, failing to update details, providing false information or failing to comply with travel notification rules.

The consequences can be serious and may include arrest, prosecution and imprisonment. Anyone unsure about their obligations should seek legal advice before missing a deadline or assuming that a change does not need to be reported.

How Long Do Notification Requirements Last?

The length of time a person is subject to notification requirements depends on factors such as the offence, sentence, age at the time of the offence and disposal imposed by the court.

Some people are subject to notification requirements for a fixed period. Others, particularly those who receive longer custodial sentences, may be subject to indefinite notification requirements.

Review of Indefinite Notification Requirements

Indefinite notification requirements do not necessarily mean there is no possibility of review. There is a review mechanism for eligible people who have been subject to indefinite requirements for the required period.

A review does not guarantee removal from the requirements. The police will consider risk, behaviour, compliance, offending history and safeguarding concerns before making a decision.

People Convicted Before the Current Regime

The current notification regime was introduced by the Sexual Offences Act 2003, replacing earlier arrangements. Older convictions can raise complex questions, particularly where offences pre-date the current system or where later court orders have been made.

It is not safe to assume that every person convicted before a particular date is outside all monitoring or disclosure arrangements. The correct position depends on the offence, sentence, date, subsequent orders and any later legal changes.

Is the Register Public?

The sex offender notification system is not a public database. Members of the public cannot simply search a national list of registered sex offenders.

Information may be shared by the police in limited circumstances where it is lawful, necessary and proportionate to protect a child or another person from harm. Disclosure is carefully controlled and is not automatic.

Sarah's Law: Child Sex Offender Disclosure Scheme

The Child Sex Offender Disclosure Scheme, commonly known asSarah'ss Law, allows a person to ask the police whether someone who has contact with a child has a record for child sexual offences or may pose a risk.

The scheme is designed to help parents, carers and guardians protect children. It does not give a general right to know about anyone's criminal record. It is not limited only to people who are already known to be registered sex offenders.

Who Can Apply?

Parents, carers, guardians and other people with a genuine concern about a child's safety may be able to make an application. The request must relate to a specific person who has contact with a specific child or children.

Applications can usually be made online, by calling 101 or by attending a police station. If a child is in immediate danger, call 999.

Will the Police Always Disclose Information?

No. The police will carry out checks and assess risk, but disclosure is not automatic. Information will only be disclosed where the police consider it lawful, necessary and proportionate to protect a child.

If disclosure is made, it will usually be given to the person best placed to protect the child, not necessarily the person who made the application. The information must normally be kept confidential and used only for safeguarding purposes.

Confidentiality and Misuse of Information

Information disclosed under Sarah's Law must be treated carefully. Sharing it on social media, confronting the person publicly, or passing it to others without permission may pose legal risks and undermine safeguarding measures.

Anyone receiving a disclosure should follow police advice about how the information can be used and what steps should be taken to protect the child.

Other Protective Orders

In addition to notification requirements, courts and police may use protective orders in appropriate cases. These can include Sexual Harm Prevention Orders and Sexual Risk Orders, depending on the circumstances.

Such orders can restrict behaviour, internet use, contact with children, travel, residence or other activities. Breaching an order can be a serious criminal offence.

When Legal Advice May Be Needed

Legal advice may be needed if a person is subject to notification requirements, accused of failing to comply, seeking review of indefinite requirements, facing an application for a protective order, or unsure about travel or reporting obligations.

Parents, carers or others may also need advice where they have safeguarding concerns, are considering aSarah'ss Law application, or need help understanding what options are available to protect a child.

Current Position

The "sex offenders register" is better understood as a system of notification requirements rather than a public list. People subject to the requirements must keep the police informed of specified personal details and any changes, and failure to comply may result in prosecution.

Members of the public cannot freely search the system. Still, the Child Sex Offender Disclosure Scheme allows police to disclose information in appropriate safeguarding cases where it is lawful, necessary and proportionate.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Criminal law, safeguarding procedures and disclosure rules can change, and how the law applies will depend on the facts of each case.

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