Control Of Sex Offenders

Question 1

How long should a sex offender stay away for before they must notify?

Answer 1

7 days

Question 2

If someone is abroad when they need to notify, do they commit an offence? When do they need to notify?

Answer 2

No offence - 3 days.

A relevant offender must also re-notify the police of the details in s. 83(5) within one year of either the initial notification or the notification of the changes unless he/she has already notified them within that period (under s. 84) as a result of changing circumstances (s. 85). In summary this means that, if a relevant offender does not change his/her name or address, or stay away from home for seven days or more, he/she will have to re-notify the police of the relevant details within a year of the initial notification and every year afterwards.

Under s. 85(3), if offenders are detained or are abroad when their periodic notification becomes due, they have until three days after their release/return to the United Kingdom to re-notify.

Question 3

Under what circumstances can you get a SHPO?

Answer 3

the person is a qualifying offender (basically this means he/she has been convicted of, cautioned for or found not guilty by reason of insanity or to have been under a disability, in respect of an offence under sch. 3 or sch. 5 here or by a foreign court for an equivalent offence), and • the person has, since the appropriate date (e.g. date of first conviction or caution) acted in such a way as to give reasonable cause to believe that it is necessary (rather than just desirable or a ‘good idea’) for such an order to be made

Question 4

Under what circumstances must sex offenders notify police about an address?

Answer 4

seven days “or” two or more periods in any 12 months which together amount to seven days), at any premises in the UK the address of which has not been notified to the police under the relevant legislative provision

Question 5

Conditional/absolute discharges. Relevant offender for notification purposes?

Answer 5

Conditional - yes

Absolute discharge - no

Question 6

If someone has been sentenced to imprisonment for how many months do they have to notify for an indefinite period?

Answer 6

30 months = 2 1/2 years

Question 7

Offender admitted to hospital on a restriction order. How long must they notify?

Answer 7

Indefinite

Question 8

3 year sentence. How long must they notify?

Answer 8

Indefinite

Question 9

12 months imprisonment. How long must they notify?

Answer 9

10 years

More than 6 months but less than 30 = 10 years

Question 10

6 months to 30 months. How long must they notify?

Answer 10

10 years

Question 11

6 months or less. How long must they notify?

Answer 11

7 years

Question 12

Admitted to hospital without restriction order. How long must they notify?

Answer 12

7 years

Question 13

cautioned. How long must they notify?

Answer 13

2 years

Question 14

Conditional discharge. How long must they notify?

Answer 14

Period of conditional discharge.

Question 15

Suspect cautioned outside of the UK for schedule 3 offence. Chief applies to mags because the offender lives in their area or believes they intend to. How long does their notification requirement last?

Answer 15

It falls within any other person category = 5 years.

Question 16

What six things does someone subject to notification requirements have to notify the police of within 3 days?

Answer 16

DOB
NI insurance number
Bank account details
Home address 
Passport number and full name 
Name on both relevant date and notification date - each name must be supplied

Question 17

We know that to notify someone must give their passport number and full name as it appears. What if they don’t have a passport?

Answer 17

The description and issue number of an alternative form of ID and their full name as it appears on the document must be provided.

Question 18

What are the 4 reasons why someone has three days to notify police?

Answer 18

Using a different name
Change H.A
7 day rule
Their release from custody, imprisonment, service detention or detention from hospital

Question 19

does someone have to notify in writing?

Answer 19

No

Oral notification to a police officer or a person authorised by the officer in charge of the station.

Question 20

who applies for a risk assessment of sex offenders warrant?

Answer 20

Super if there have been 2 failed attempts to gain entry

Court will only grant warrant if it is NECESSARY to do so for the purpose of assessing the risk.

Question 21

SHPO for under 18’s. Are they heard in mags?

Answer 21

No - youth

Question 22

What is the minimum duration of a SHPO?

Answer 22

5 years

Question 23

What is the max duration of a SHPO?

Answer 23

No max

Unless foreign travel restriction = maximum duration of 5 years but can be renewed every 5 years

Question 24

Is it necessary for someone to have been convicted or investigated for a sexual offence for a sexual risk order?

Answer 24

No only necessary to PROVE that the defendant has carried out ONE act of a sexual nature which they do not need to have been convicted of.

Question 25

Minimum duration of a sexual risk order?

Answer 25

2 years - no max

Question 26

Can i get a SHPO for someone that has been convicted of sexual touching?

Answer 26

Yes

Question 27

What are the notification requirements for under 18?

Answer 27

Half of adults notification requirements.

Question 28

When do the notification requirements start?

Answer 28

Date of conviction not release.

Question 29

If after 6 months, you notify a change of address, when would you need to do your annual notification?

Answer 29

12 months from the change of address notification. It is 12 months from when you last notified, change or otherwise.