Protecting the Public from Sexual Harm Flashcards
Records of sexual offenders are kept by the police on what is commonly called the…
‘Sex offenders register’
Part 2 of the Sexual Offences Act 2003 determines that offenders convicted for certain sexual offences, for example rape and certain child sex offences committed by adults, are required to do what?
Notify the police of personal information such as their name and address (s80) and this information is stored on the ‘sex offenders register’.
In 2012, this was extended to bank and credit card details, and if he/she is living in a household with a child (s 83(5A)(h)).
Notification requirements are dependent on sentence received.
Failure to do so is an either way offence under s 91, with punishment ranging from a fine to five years imprisonment.
What are Sexual Harm Prevention Orders?
Applicable to anyone convicted or cautioned for a sexual or violent offence in Sch 3 or 5 of the Sexual Offences Act.
It can be issued by a court upon conviction, or the police or the National Crime Agency (NCA) can apply to a magistrates court.
SHPOs have a fixed term of not less than 5 years and individuals are subject to notifavitoon requirements as with registered sex offenders.
A breach is an offence, triable tier way, punished by 6 months imprisonment or fine (summarily), and 5 years imprisonment (indictment).
What is a Sexual Risk Order?
A preventative order applicable to an individual who seems likely to present a risk of sexual harm to the public, as a result of having committed and act of a sexual nature.
Does an individual need to have been conviction or cautioned for committed a sexual act to receive a Sexual Risk Order?
No, unlike SHPO the individual doesn’t need to have been convicted/cautioned for committing this act (s 122A of the Sexual Offences Act 2003).
What does a Sexual Risk Order prohibit?
The individual from committing specified actions, which can include travelling oversea.
Requires recipient to provide his/her name to the police within three days of the order being served.
How can a Sexual Risk Order be given?
Police or NCA apply to a magistrates court for an SRO, and must have a reasonable belief that it is necessary to protect the public or specific members of the public in the Uk or overseas from sexual harm.
How long do Sexual Risk Order’s last?
SROs have a fixed term of at least two years, except for those with international travel prohibitions which must last for at least 5 years.
Breaching an SRO is a criminal offence, with a max penalty of 5 years imprisonment.
What is the Child Sex Offender Disclosure Scheme?
A member of the public can ask the police about a particular person who has access to children, to find out whether he/she has a record for child sexual offences.
The police will confidentially disclose any relevant information to the people who are deemed most capable of protecting the children at risk (usually parents/guardians/carers), but only if the police believes it is in the child’s interests.
