Sex offenders notification requirements (The Register)

Aim of this page

This information is designed to provide specific information around convictions for sexual offences. In particular, details of notification requirements, more commonly referred to as the sex offenders’ register.

Why is this important?

There are many misunderstandings about what it means to be subject to notification requirements following a sexual offence conviction. One common assumption is that being on the register means you’ll always need to disclose your conviction, even if it’s spent. This isn’t always the case.

It’s important to understand what your specific notification requirements involve and how they might affect your day-to-day life. However, it’s equally important to know that simply being on the register does not automatically mean you’ll need to disclose your conviction every time someone asks.

Also, if you’ve been convicted of a sexual offence outside the UK, you may still be required to follow notification requirements in England and Wales.

Introduction

The requirement for individuals convicted or cautioned for sexual offences to notify the police of specific personal details (commonly known as the ‘sex offenders’ register’) were first introduced across the UK in the Sex Offenders Act 1997.

This system, which also applied to some past offences, was later updated by Part 2 of the Sexual Offences Act 2003. Under this updated legislation, individuals who meet the criteria must notify certain personal details to the police in their area.

What are the notification requirements?

When the notification requirements were introduced they included:

• Name and any aliases;
• Date of birth;
• National Insurance number;
• Main address and any addresses at which you may reside for more than 7 days in 12 months;
• Any changes to the above details.

However, under the Sexual Offences Act 2003 (Notification Requirements) (England & Wales) Regulations 2012, since August 2012 those subject to notification requirements are also required to:

• Notify the police of all foreign travel;
• Notify weekly where you are not registered as regularly residing or staying at one place (i.e. where a registered sex offender has no sole or main residence and instead must notify the police of the place where he can regularly be found);
• Notify where you are living in a household with a child under the age of 18. Under the changes, those subject to the notification requirements will be required to notify when residing or staying in a relevant household for a period of at least 12 hours with a child who is under the age of 18;
• Notify bank account and credit card details (changes must be notified within 3 days). This has been explained by the Home Office as being necessary to tackle internet child pornography. Whilst the legislation requires notification of bank accounts, credit and debit cards held by the offender or jointly, it does not require details of accounts, credit or debit cards held independently by family members to be provided;
• Notify information about your passports or other identity documents at each notification. This provision has been put in place purportedly to stop individuals from seeking to avoid being on the register when they change their name.

The above information must be provided in person at a nominated police station within 3 days of your conviction and must be updated on an annual basis. For a list of the police stations which can accept notifications, click here.

As part of the notification process, individuals are also routinely photographed when making a notification.

Bank account information is securely stored by the police. They do not have the right to access or examine your account transactions without obtaining a court order.

It’s important to note that failure to comply with the notification requirement is a criminal offence and may result in a prison sentence of up to five years.

Further information can be found in updated guidance published by the Home Office.

How long do the requirements last for?

The length of time someone needs to follow the notification requirements depends on the sentence or disposal received. If the person was under 18 at the time of their conviction or caution, this period is halved.

Notification requirements for extended sentences

If you are given an extended sentence, please note that the notification period is worked out using the full length of the sentence, not just the time spent in prison.

For example:

• If your sentence is 4 months in prison plus 4 months of extended supervision, the total term is 8 months.
• This means the notification period will be 10 years, rather than 7 years (which would apply if the sentence was only 4 months in prison).

For further explanation from the Home Office, click here.

Indefinite notification

In April 2010, the UK Supreme Court decided that requiring people to stay on the register indefinitely was unfair. This was because there was no way for individuals to have their situation reviewed. This was incompatible with Article 8 of the European Convention on Human Rights (Right to respect for private and family life).

The ruling meant that people who were placed on the register for life should have the chance to appeal. During this appear, they can show that their risk has reduced to the point where it is no longer necessary for them to remain under these requirements.

In response, the law was updated through the Sexual Offences Act 2003 (Remedial) Order 2012 which came into effect on 30 July 2012. This change gives people on indefinite notification requirements the right to apply to the police for a review after a fixed period of time has passed. Currently, the review periods are:

• 15 years for adults
• 8 years for young people (under 18 at the time they were cautioned or convicted).

The time starts from the date the individual makes their first notification to the police.

Breaching notification requirements

Breaching your notification requirements could potentially lead to a fine or a prison sentence. Things that might constitute a breach include:

• Failing to provide information – not providing the police with details of your passport or bank account.
• Failing to update information – not notifying the police of a change in circumstances, for example a new address.
• Lying to the police.
• Failing to allow your photograph or fingerprints to be taken.

Appealing an indefinite notification

Any request to review notification requirements will be considered by the police. They will look at a range of factors including information provided from the Responsible Authority and other partner agencies who work together under the Multi-Agency Public Protection Arrangements (MAPPA) framework (under section 325 of the Criminal Justice Act 2003).

The Home Office has published detailed guidance for police forces which you can download here.

If the police decide not to approve your application, you will remain under the current indefinite notification requirements. However, you will have the opportunity to ask for another review once a minimum of 8 years has passed.

When determining your appeal the police will take into consideration matters in section 91d of the 2003 Act, namely:

• Any information documented and provided to them by the police, probation and the prison service;
• The risk of sexual harm posed by you and the effect of a continuation of the indefinite notification requirements;
• The seriousness of the offence(s) that led to you being made subject to notification requirements
• The period of time that has passed since the offence was committed;
• Whether you have previously failed to comply with your notification requirements;
• Your age, both at the time of the application and at the time the offence was committed;
• Any submission or evidence from the victim; and
• Any convictions or cautions you have received other than for sexual offences listed in Schedule 3 of the Act.

What you should include in an appeal

In any application you make, you will need to demonstrate:

• How the circumstances now, compared to those at the time of your offence, have changed meaning that you no longer pose any risk of re-offending.
• The way you behave now, compared to your behaviour at the time of your offence means that you no longer need to be subject to the notification requirements to manage any risk you pose.

You may also want to consider including some of the following:

• Details of positive relationships you’ve had with both adults and children.
• How you fill your time – if you’re employed, how long you’ve been in the same job and what other hobbies and interests you have.
• Details of any treatment programmes that you’ve attended which are relevant to your offence.
• Your attitude to your offence and how you make sure that you will not offend again.
• Any other information that you consider demonstrates that you no longer pose a risk.

What can you do if your appeal is unsuccessful?

If your appeal is not successful and you would like to challenge the police’s decision further, you can take your case to the magistrates court. You will need to do this within 21 days. Please be aware that while your case is ongoing, the indefinite notification requirements will still apply.

It’s also important to know that you may need to pay court fees and, if your appeal is not successful, you might be asked to cover some additional costs. Because of this, we strongly recommend getting independent legal advice before making a decision about going to the magistrates court.

Visits from the police and risk assessments

If you are subject to notification requirements, you are not legally required to let the police into your home when they visit. However, refusing entry may raise concerns and can make it harder for the police to carry out a full risk assessment.

Under Section 58 of the 2006 Violent Crime Reduction Act (which updated the 2003 Sexual Offences Act), the police can apply for a warrant to enter and search your home if they have already tried at least twice to gain entry without success. This means that if entry is refused during a risk assessment under MAPPA, officers may seek a warrant from a magistrate.

To make the process smoother, it is recommended that you cooperate with these visits. They are also a chance for you to ask questions or get advice from your designated Public Protection Unit (PPU) officer on any matters that affect you.

The frequency of visits depends on the assessed level of risk:

• Lower-risk individuals are usually visited once a year.
• Higher-risk individuals may be visited more often, up to monthly in the most serious cases.

Violent and sex offenders’ register (ViSOR)

ViSOR is a secure database used to help keep communities safe. It contains records about:

• People who must follow the rules set out in the Sexual Offences Act 2003.
• People who have been given a prison sentence of more than 12 months for violent crime.
• People who may be considered at risk of committing serious offences, even if they have not been convicted.

The database can only be accessed by the police, probation and prison services. Staff from private companies who manage prisons are also granted secure access.

Travelling abroad whilst under notification requirements

If you live in England or Wales you will need to notify the police of all foreign travel. You will need to attend the police station at least 7 days prior to departure and provide the following information:

• The date of departure from the UK;
• The destination country (or, if there is more than one, the first) and the point of arrival in that country;
• The point(s) of arrival in any countries that will be visited in addition to the initial destination country;
• The carrier(s) you intend to use to leave and return to the UK or to any other point(s) of arrival while you are outside the UK (but not internal flights);
• Details of accommodation arrangements for the first night outside the UK;
• The date of re-entry to the UK and point of arrival.

Keeping your details up to date – If any of your travel details change, you must let the police know at least 24 hours before leaving the UK.

If you don’t yet know your return date – If you can’t provide the date you’ll come back to the UK or the point of arrival prior to departure, you must share this information within 3 days of returning to the UK.

If you are on licence – You must ask your probation officer for permission to travel.

Your travel plans – Your travel arrangements will be risk assessed. In some cases, the information may be shared with other agencies or countries. The police will look at whether there are risks of further offences being committed abroad, which may put children or adults in danger, and effect the ‘reputation of UK law enforcement agencies’.

Remember, it’s a criminal offence not to notify the police of your travel plans. This could result in a prison sentence of up to five years.

Interpol notices

Interpol introduced it’s International Notice System in 1946 to help countries share important information across borders.

A Green Notice is one type of Interpol notice. It is usually shared to alert countries about someone whose past activities suggest they might pose a risk to others’ safety. These notices help law enforcement exchange key information worldwide and support efforts to keep communities safe.

Interpol can publish a notice on its own or at the request of its member countries. Notices should only be issued when there is reliable information that a person has committed, is committing or plans to commit a serious offence.

Notification requirements for sexual offences committed overseas

In the UK, people who have been convicted of a sexual offence are automatically required to follow certain notification rules.

These rules can also apply to British citizens and foreign nationals who have been convicted of a similar offence outside the UK. In these cases, the police in England and Wales may issue a notice that requires the individual to provide the same information as if the conviction had happened in the UK.

A police officer with the rank of inspector of higher can issue such a notice when specific conditions are met. Local police may do so if the person lives in their area, is currently there, or is believed to be planning a visit.

According to Home Office guidance, the decision to issue a notice will usually be based on intelligence that the person is in, or is planning to come to, the UK and is likely to stay.

This power to issue notices in England and Wales was introduced by the Police, Crime, Sentencing and Courts Act 2022. Before this, the police could only apply to the magistrates court to request an order be put in place.

The conditions

Three conditions must be met before the police can serve a notice.

1. Under the law in force outside the UK, the individual has been convicted of a “relevant offence” (whether or not they have been punished for it).
2. The individuals received the conviction:
   • on or after 1 September 1997
   • before the 1 September 1997 and had yet to be dealt with in respect of the offence, or
   • before the 1 September 1997 but was on that date, in respect of the offence or finding, subject to imprisonment, a community sentence supervision, detention in hospital under the law of the country in question.
3. The equivalent notification period that would have applied had the offence been committed in the UK would not have expired.

The notification period

An individual who is served a notice must make an initial notification within 3 days of the notice being served.

The length of the notification will depend on the type of sentence or disposal an individual would have received if a UK court had convicted them.

The notification period is counted from the date of the caution or conviction, even if the notification order is made years later.

Appeals

An individual can apply to the magistrates court to appeal against the decision to give them a notice.

Discuss with others

Read and share your experiences on our online forum.

Key sections include:

• Notification requirements 

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

• Circles UK – A national organisation working to reduce sex offending
• Lucy Faithfull Foundation – A child protection charity working with people with convictions for sexual offences

More information

1. For practical information – More information on sexual offences
2. To discuss this issue with others – Read and share your experiences on our online forum
3. Questions – If you have any questions about this you can contact our helpline.