Sex offenders register explained

12 January 2023

When someone is convicted of a sexual offence, it’s sometimes reported that they’ve been put on the ‘sex offenders register’. But what does that mean? This blog, by the Acting Secretary to the Council, David Dickson, will explain:

• what the register is
• who it applies to
• how long it applies to them for
• what they have to do
• what happens if they fail to comply

What is the register?

Strictly speaking, there is in fact no such thing as a central register of those who have been convicted of sexual offences. ‘Notification requirements’ for such offenders were originally introduced into law by the Sex Offenders Act 1997. They are now to be found in the Sexual Offences Act 2003, an Act of the UK Parliament. This blog will therefore refer to ‘notification requirements’. 

There is no general right of public access to this information. However, in certain circumstances parents, carers, or guardians of children under 18 years old can make a request for information about someone who may have contact with their child, if they are concerned that they might be a child sexual offender. For example, a single mother could request this information if she wants to find out more about her new boyfriend. Further details can be found on the Scottish Government website.

Those who are subject to these requirements are also subject to the Multi-Agency Public Protection Arrangements (MAPPA) requirements. Under these, the responsible authorities for a local authority area must jointly organise the assessment and management of the risks posed in that area by the offender.

Further information about MAPPA, and about the management in general of those convicted of sexual offences, can be found on the Scottish Government website.

Who do the requirements apply to?

 A person is subject to the notification requirements if they are convicted of certain sexual offences – these include offences against both adults and children. They are listed in the 2003 Act and include such offences as rape, sexual assault, sexual assault of children, and so on. When someone is convicted of one of the listed offences the notification requirement automatically applies. The length of time for which the requirement applies is determined by the sentence (see below).

The 2003 Act also provides that any offence can lead to the offender being subject to the notification requirements if the sentencing court determines that there is “a significant sexual aspect to the offender’s behaviour in committing the offence”.

There is no minimum age for an offender to be subject to the notification requirements. However, the period for which the requirement applies may be different for an offender under 18 (see below). And where an offender is under 16, the court may direct that someone having parental responsibilities in respect of them has to take on the notification requirements.

For how long does someone remain subject to the requirements?

Once it has been determined that an offender falls within the notification requirements, the period of time for which the requirements apply depends entirely on the sentence imposed by the court. Beyond that, the court has no discretion over how long the requirements apply for.

The periods of time are set out in the table below, and run from the date of conviction.

 If the offender is given an absolute discharge, they are not subject to the notification requirements.

When the offender is under 18 on the date of conviction, the notification periods of 10, seven, and five years are halved.

There is no right of appeal against the length of time for which the notification requirements apply. However, if the sentence itself is the subject of a successful appeal, which results in the sentence changing, the notification period is determined by what the sentence is after appeal.

When someone is subject to an ‘indefinite’ notification period, this means that it can apply to them for life. After 15 years (or eight years if the offender was under 18 when convicted), the Chief Constable of Police Scotland must consider whether the offender should continue to be subject to the notification requirements. If it is decided that they should, the offender has a right to apply to a sheriff to have that decision reconsidered.

 What does someone subject to the notification requirements have to do?

Within three days of being made the subject of the requirements, which will normally be on the date of conviction, the offender must make an initial notification to the police, including the following information:

• date of birth
• National Insurance number
• name used on the date of conviction, on the date of notification, and any other names used on either of those dates
• home address on the dates of conviction and notification
• address of any other premises in the UK at which, at the time of notification, they regularly reside or stay
• passport, bank account and credit card details
• details of any residence with a child

There is a further requirement to advise the police of any changes to these details, again within three days of the change. This would include, for example, if they moved house, or changed their name.

Any time when the offender is in custody, serving a sentence of imprisonment, detained in a hospital, or outside the UK is to be disregarded. Such offenders must, therefore, make their initial notifications within three days of their release from custody, imprisonment or hospital, or their return to the UK.

An offender is also obliged to reconfirm the details provided on initial notification on a regular basis, generally within 12 months of the last time they were required to notify. If the offender intends to leave the United Kingdom for any period of time, details must be given to the police.

Any notification must be given in person to a police officer, or any authorised person, at certain police stations.

Failure to comply

Failure to comply with any of the notification provisions is an offence. If it is prosecuted under summary procedure the maximum penalty is imprisonment for 12 months, or a fine not exceeding £10,000, or both. If it is prosecuted under solemn procedure the maximum penalty is imprisonment for five years.