GUIDANCE ON REVIEW OF INDEFINITE NOTIFICATION REQUIREMENTS ISSUED UNDER SECTION 91F OF THE SEXUAL OFFENCES ACT 2003 Guidance On Review Of Indefinite Notification Requirements Issued Under Section 91F Of The Sexual Offences Act 2003 2 Guidance On Review Of Indefinite Notification Requirements Issued Under Section 91F Of The Sexual Offences Act 2003 CONTENTS Introduction 4 Current arrangements 5 Aims 6 Principles 6 What is new? 6 Cross-force issues 7 Devolved administration 7 The Process 8 Process Map 8 Eligibility 9 Stage 1: Application and acknowledgment 10 Engagement with relevant offenders 10 Qualifying dates 10 Making an application 10 Acknowledgement and notice to responsible bodies 11 Stage 2: Review and determination 12 Review of application 12 Factors for determination 12 Standard checks 14 Information from responsible bodies 14 Risk assessment tools 14 Stage 3: Decision 16 Determination of review 16 Consulting with victims 16 Stage 4: Appeals Process 18 Stage 5: Further review periods 19 Maintaining records 19 Frequently asked questions 20 Definitions 22 Annexes 24 3 Guidance On Review Of Indefinite Notification Requirements Issued Under Section 91F Of The Sexual Offences Act 2003 INTRODUCTION 1. This statutory guidance is issued by the 5. If you have any queries regarding this Secretary of State under section 91F(1) of guidance, please contact: the Sexual Offences Act 2003 (“the 2003 Act”), which was inserted into the 2003 Act Interpersonal Violence: Policy & Delivery on 30 July 2012 by the Sexual Offences Act Team, Violent and Youth Crime Prevention 2003 (Remedial) Order 2012 (“the remedial Unit, Home Office, 4th Floor, Fry Building, order”). It provides guidance to the chief 2 Marsham Street, London, SW1P 4DF officers of police in all areas in England Email: SexOffenderManagement@ and Wales (“the police”) in relation to the homeoffice.gsi.gov.uk new process for reviewing the indefinite notification requirements applying to Telephone: 0207 035 8430 registered sex offenders under the 2003 Act. 2. As well as comprising guidance to the police, 6. Further non-statutory guidance on Part 2 of it is intended to assist other practitioners and the 2003 Act is available on the Home Office agency partners, who are responsible for the website: http://www.homeoffice.gov.uk/ management of offenders in the community, publications/police/operational-policing/ in their understanding and application of the sexual-offences-act-2003?view=Binary new legislation. 7. It should be noted that Part 1 of the 2003 3. Recipients of this guidance are expected to: Act is the responsibility of the Ministry of Justice. Separate guidance on Part 1 is • note changes to Part 2 of the 2003 Act available from that department. made by remedial order; • note and put into operation the review process, including the use of the forms attached at Annexes A to E; and • consider whether any changes to their established procedures are required as a result of this guidance and communicate these to staff. 4. The police are asked to communicate the changes to relevant offenders living within each of their police areas. The Association of Chief Police Officers (ACPO) will issue separate guidance to all police forces to communicate the effect of these changes. 4 Guidance On Review Of Indefinite Notification Requirements Issued Under Section 91F Of The Sexual Offences Act 2003 CURRENT ARRANGEMENTS 1. Prior to the remedial order coming into force, the 2003 Act made provision to the Where the (adult) Notification effect that all sex offenders convicted of a offender is: period: relevant offence and sentenced to a period of Sentenced to Life imprisonment for 30 months or more became imprisonment for life or subject to indefinite notification requirements, to a term of 30 months without an opportunity for review. or more 2. Offenders who are sentenced to a term of Detained in a hospital Life imprisonment of less than 30 months will subject to a restriction be subject to notification requirements for a order fixed period of up to 10 years, in accordance Sentenced to 10 years with the 2003 Act (see table). The periods imprisonment for more for which an individual is subject to the than 6 months but notification requirements are halved for less than 30 months offenders who are under 18 on the date of imprisonment conviction, caution, or other finding. These periods have not been altered by the remedial Sentenced to 7 years order coming into force. imprisonment for 6 months or less 3. Offenders subject to notification for a fixed Detained in a hospital 7 years period (as described above) will have to without being subject to comply with the notification requirements a restriction order for the full term. Only those offenders subject to notification for an indefinite Caution 2 years period (commonly referred to as lifetime Conditional discharge The period of registration) will be eligible to seek a review the conditional once a fixed period of time has elapsed; for discharge adults this will be 15 years and for juveniles it Any other description 5 years will be 8 years. (i.e. community 4. The period of time for which an offender sentence, fine) is subject to the notification requirements is prescribed by the 2003 Act; neither the police nor the judiciary have any discretion in this 5. The 2003 Act requires offenders subject matter. to the notification requirements to notify to their local police certain personal details and information, including (but not limited to) their name, address, date of birth and national insurance number. This is done initially (usually following release from custody), annually or whenever their details change. 5 Guidance On Review Of Indefinite Notification Requirements Issued Under Section 91F Of The Sexual Offences Act 2003 CALCULATING AN OFFENDER’S NOTIFICATION will be able to focus their resources on the PERIOD rigorous and effective management of those offenders who continue to pose such a risk. 6. Offenders should be advised by the court Offenders are not automatically released from at the time of sentencing of the length of the notification requirements; the police must time they will be subject to notification be satisfied that they no longer pose a risk, or requirements. However, offender managers a sufficient risk. should ensure that offenders have been correctly advised of the length of time for PRINCIPLES which they will be required to notify. 11. The principles of the notification THE REMEDIAL ORDER (THE REVIEW requirements remain. They continue to be MECHANISM) an effective and legitimate tool for police to manage offenders in the community. As 7. The remedial order was laid before noted by Lord Phillips in the Supreme Court, Parliament on 5 March 2012, in accordance the ‘notification requirements pursue a with paragraph 2(a) of Schedule 2 to the legitimate aim’. Human Rights Act 1998, to remedy the incompatibility indentified by the Supreme 12. The introduction of a right to apply for a Court in F & Thompson in April 2010. review of the requirements does not equate After the remedial order was approved by to a right to be automatically removed Parliament, it came into force on 30 July from the register. The police are required 2012. to consider a range of matters and factors, which include any representations from 8. By virtue of the remedial order, offenders responsible bodies (operating within the Multi who are subject to the notification Agency Public Protection Arrangements requirements under Part 2 of the 2003 Act framework) and victims. for an indefinite period have been given the opportunity to apply for a review. Offenders 13. A central aim of this guidance is to ensure will only be eligible to apply for a review after fairness and consistency on the part of those a fixed period of time has elapsed. responsible for undertaking the review, and in their application of the test to be applied by AIMS the police. 9. The remedial order ensures that the notification regime in the 2003 Act is no 14. Public protection remains a priority and we longer incompatible with Article 8 of the will continue to work with the police and European Convention on Human Rights other agency partners to ensure community and that the Government complies with its’ safety. obligations under section 6 of the Human Rights Act 1998. WHAT IS NEW? 15. The remedial order has introduced a 10. By enabling those former offenders who are mechanism by which an offender who is considered to no longer pose a risk to society subject to notification requirements for an to cease to be subject to the notification indefinite period can apply for a review. All requirements, we believe that the police other aspects of the notification requirements 6 Guidance On Review Of Indefinite Notification Requirements Issued Under Section 91F Of The Sexual Offences Act 2003 remain the same. Guidance on Part 2 of the update ViSOR to reflect the change to the Sexual Offences Act 2003 can be found on offender’s residence and transfer the case in the Home Office website. accordance with current ACPO guidance; this can be found at www.acpo.police.uk/ 16. The review will require the police to consider documents/crime/2010. the risk of sexual harm posed by a relevant offender and the effect of the continuation 22. Where an offender has previously applied of the indefinite notification requirements on for a review and subsequently becomes that offender. managed by the police in a new area, the police in the new area should note the 17. Based on the information and intelligence determination of the previous review and the obtained as part of the review, the police further qualifying date set in accordance with will determine whether they consider that an that determination.