Skip to main content
For people with criminal records
For people with criminal records

Unlock Category: 9. Sexual offences

Sexual offence convictions: what you need to know

Aim of this page

Being arrested by the police on suspicion of committing a sexual offence will, for most people, be an extremely stressful and upsetting experience. You are likely to be concerned that rumours and speculation in a case of this type will quickly and irreparably damage your reputation, and about the impact on you and your family.

This information is designed to raise awareness of the things you might need to know, depending on what stage you’re at: whether it’s an allegation, investigation or you have been convicted.

Introduction

Understandably, you will have lots of questions and concerns and the majority of people that contact our helpline after being arrested will ask, “what’s going to happen?”

There are many misconceptions about convictions for sexual offences and how they work in terms of disclosing to employers and others.

It’s important to know:

  • When your conviction becomes spent under the Rehabilitation of Offenders Act and what you’re legally required to disclose to employers if they ask
  • The impact of the sex offenders’ register and any civil order/s on rehabilitation periods

This information aims to cover some of the issues which may arise during the various stages of the criminal justice system and what we believe it’s important to know.

What is a sexual offence?

One of the biggest misconceptions relates to the definition of a sexual offence. Sexual offences cover a wide range of illegal behaviour, including rape and sexual assault, child sexual abuse, prostitution and some forms of pornography:

  • Sexual assault involves touching a person sexually without their consent, or coercing them to engage in sexual behaviour against their will.
  • Child sexual abuse involves forcing or inciting a person under the age of 18 to take part in sexual activity. This can involve physical contact, including non-penetrative acts such as kissing and touching outside of clothing. It can also involve non-contact activities, such as encouraging children to look at sexual images, or grooming a child in preparation for abuse.
  • It is an offence to take, make, possess or distribute indecent images of children. Images can include photographs or video footage, but also drawings, tracings and digitally created images.
  • It is illegal for children under the age of 18 to create or share sexual images of themselves, and for other children to have in their possession an explicit image of a child. Therefore, two 17 year olds in a relationship can be committing a crime by sharing explicit photographs of themselves with each other.
  • There are numerous offences related to prostitution. It is illegal to persistently solicit in public or offer or pay for sexual services; manage a brothel; or incite another person to become a prostitute for gain.
  • Pornographic images that are deemed to be obscene, for example due to including extreme violence, are illegal. It is an offence to disclose private sexual images of another person without their consent (so-called ‘revenge porn’).

Further examples of sexual offences and how the Crown Prosecution Service deal with them can be found here.

Being arrested for a sexual offence

Whenever an allegation of a sexual offence is reported to the police (or they become aware that a sexual offence may have occurred), it will be taken extremely seriously and thoroughly investigated.

Once a crime has been reported the police may invite you to attend a voluntary interview, which would usually take place at a police station. Alternatively, you may be arrested and taken to a local police station for questioning about an alleged offence. Your photograph, fingerprints and DNA will often be taken at this stage.

Whether or not you are guilty of the offence for which you are being questioned the first thing you need to do is to immediately seek legal advice. The police will ask you whether you’d like a duty solicitor to be called but you can ask them to contact a specific solicitor if you have one. An experienced solicitor will support you throughout the investigation and, should the police decide to charge you, they will be able to prepare for and represent you in court.

At the time of your arrest, the police may decide to remove property which they believe may be of interest to their investigation. This will usually include computers, laptops, telephone etc which you own and/or have access to (for example those belonging to your partner). The police will keep your property until their investigation is completed and you will be advised when it can be returned to you.

The police will usually ask about your occupation and any voluntary activities that you are involved in. If your work or voluntary role involves children and/or vulnerable adults or you’ve been arrested, investigated or charged with a ‘relevant offence’ then the police may decide to inform your employer and/or regulatory or licensing body.

Being investigated and charged with a sexual offence

If, following questioning, the police don’t have enough evidence to charge you but they believe they may be able to obtain this evidence over time, you will be released ‘on bail’. You will be asked to return to the police station on a specified date for further questioning at which time you could be charged, freed or re-bailed.

If the police decide to charge you then, depending on the seriousness of the offence, you will either be freed on ‘conditional bail’ or remanded in custody in prison. Bail conditions could include living at a certain address, surrendering your passport to the police or regularly reporting to a designated police station. Contact between you and any co-defendant or the alleged victim of the crime will usually be restricted.

Telling your employer that you’ve been charged

Depending on your occupation or voluntary role, the police may take the decision to inform your employers of your arrest/charge.

If they don’t, then generally there is no obligation on you to tell your employer about a pending conviction unless you are specifically asked to do so; this may be a condition in your contract of employment. However, there may be reasons why you would need to, for example:

  • The removal of devices by the police might make it difficult for you to work, especially if your phone/laptop are the property of your employer.
  • You’re worried that your employer may become aware of it from a third party (for example the police).

There is nothing in law which states that an employer has to dismiss anyone charged with a criminal offence. If you do disclose to your employer, then they will need to consider the nature of the offence, the nature of your job and the extent to which it involves contact with other employees or members of the public. Where a lack of equipment or bail conditions prevent you from doing your job, an employer might consider redeploying you in another part of the business.

Alternatively, they may decide to suspend you until the police investigation is concluded and, in some cases, they may feel that the only option is to disassociate themselves from you especially if they are worried about any potential damage to the reputation of the company or brand.

At a recent Appeal Tribunal [Governing Body of Tubbenden Primary School v Sylvester] a school argued that the reason for dismissing a teacher, who continued her friendship with another teacher arrested for possessing indecent images of children, was the potential damage to the school’s reputation. The Tribunal accepted that the reason for the dismissal was potentially fair.

Being convicted of a sexual offence

Sentence or disposal

If you are found guilty of a sexual offence, various factors will be taken into consideration when determining the sentence or disposal you will receive. Your solicitor will usually be able to give you an indication of what this is likely to be.

However, it’s important to be aware that in addition to a prison sentence or community order, the court may choose to issue you with an additional order relating specifically to sexual offences, for example a Sexual Harm Prevention Order (SHPO). These preventative orders (often referred to as a ‘relevant order’) enable the court to impose prohibitions on those convicted of an offence listed in Schedule 3 or Schedule 5 of the Sexual Offences Act 2003 either in the UK or overseas.

Prohibitions could include:

  • Working with any person under the age of 18 in any capacity.
  • Visiting or residing in any location where a child aged 16 or under is present unless their parent or guardian has knowledge of the offending history.
  • Accessing the internet on a device that does not have approved monitoring software installed.

These orders can potentially have a significant impact on your life, not only because of the prohibitions that they impose but because, as long as they are in force, your conviction cannot be spent under the Rehabilitation of Offenders Act 1974. If you breach any of the prohibitions set out in the order this could result in a return to prison or a further conviction.

Sex offence notification requirements (the Sex Offenders’ Register)

Individuals convicted of a sexual offence will usually be made subject to notification requirements: the Sex Offenders’ Register (SOR). Whilst on the register you must notify the police within three days if you change your name, address or bank account or plan to travel abroad. You must also notify the police if you start regularly staying at another address and if you begin living with a child. The time you spend on the register will be determined by the sentence or disposal you receive. If you receive a prison sentence of 30 months or more, you will be on the register indefinitely although you can ask for this to be reviewed after 15 years has elapsed. Some individuals convicted of sexual offences may also be required to undergo polygraph examinations.

Since 2001 people on the register have been subject to management through the Multi-Agency Public Protection Arrangements, commonly referred to as ‘MAPPA’, This involves the police, probation service and prisons working together, sometimes with other agencies such as social services, to monitor and manage the risk of harm presented by those convicted of sexual and/or violent offences.

Children’s and adults barred list

If you have been working in ‘regulated activity’ and are cautioned or convicted for a relevant offence the DBS may consider adding you to the children and/or adult barred list. If you are on a barred list you will be breaking the law if you apply for or work in regulated activity with a group that you are barred from working or volunteering with.

Having an unspent conviction

It is often at this point that the reality of having a conviction starts to kick in. Up until now, you will have been concentrating on the police investigation and its outcome, the court hearing and then dealing with a prison sentence or the requirements of any community order. Once these are out of the way, the impact of a criminal record and the changes it brings to your life may become clearer.

Depending on your occupation, returning to your previous career may prove problematic. If you’ve always worked with children or vulnerable adults then returning to this type of work with an unspent conviction may be difficult; employers in this sector can be particularly risk averse. Although the thought of working in a new field can be daunting, it doesn’t have to be; you could think of it as an opportunity to start a new career or even your own business.

Convictions for sexual offences can become spent under the Rehabilitation of Offenders Act in the same way as any other conviction. The time it takes to become spent will depend on the sentence or disposal you received. Until the rehabilitation period has elapsed, your conviction will be considered unspent, and you will have to disclose it if asked by a potential employer (or when applying for insurance, or to rent a property or take out a mortgage).

Employment

While your conviction is unspent, you do not have the legal protection of the Rehabilitation of Offenders Act and you will have to disclose your conviction when asked to do so. Since most employers ask at application stage, people with unspent convictions are at immediate risk of discrimination. Many employers carry out Disclosure and Barring Service (DBS) checks and an unspent conviction will be disclosed on all levels of check.

In addition to asking you about your criminal record and carrying out DBS checks there are other ways an employer can find out about your conviction:

  • MAPPA can require you to disclose your conviction to a prospective employer even when the employer does not ask.
  • Employers can do internet searches to find out more about a candidate and this will often reveal details of convictions through online news reports.

We know that people with convictions are at greater risk of employment discrimination than those from other marginalised groups. People with convictions are not offered the legal safeguards of the Equality Act 2010, and prejudice towards them is generally considered acceptable. In 2016, a survey commissioned by the Department of Work and Pensions found that out of 1,849 employers, 50% would not consider employing ‘offenders and ex-offenders’. Unfortunately it appears that employers are particularly averse to hiring people convicted of sexual offences, believing them to be incapable of change and at high risk of reoffending (despite evidence showing that people convicted of sexual offences tend to be less likely to reoffend than those with other types of convictions).

A campaign launched in 2013 by organisations including Unlock, Business in the Community and others, encouraged employers to ‘ban the box’ from application forms, asking instead about criminal convictions at a later stage of the recruitment process. Over 150 employers have now signed up to ban the box. Unlock’s list of friendly employers has identified a number of employers who, either as a result of their recruitment process or company ethics, have a positive attitude towards people with convictions.

Education

If you’re considering applying for a course at university you will usually be asked to disclose ‘relevant’ unspent convictions. Many sexual offences are considered a ‘relevant’ offence and you may be asked to provide additional information relating to your conviction to the university to assist in their decision making process.

If the university believe you pose an unacceptable risk or you would be unable to meet the particular professional or statutory requirement that exists for some courses you may be refused entry or offered an alternative course.

If you are looking to live on campus, the university/police may raise concerns around the safety and impact on you and other students (for example receiving regular visits from the police may highlight the fact that you have a criminal record). Some universities have addressed this issue by offering students the choice of single sex and self-contained accommodation.

Insurance

While your conviction is unspent you will need to disclose it to an insurer if asked. It can be harder to get insurance if you’ve been convicted of a sexual offence and it is likely to be a lot more expensive. However, if you don’t disclose and the insurer were to find out about your conviction they will usually cancel your policy. If you need to make a claim, an insurer can carry out a basic DBS check to establish whether you had an unspent conviction at the time you took out your policy.

Details of motor insurers and insurance brokers who offer policies to individuals with unspent convictions can be found here.

Having a spent conviction

As stated above sexual offences can become spent under the Rehabilitation of Offenders Act (ROA) in the same way as any other conviction.

It’s important to note that the length of time it takes for a conviction to become spent can be different to how long you will be subject to the notification requirements. As a result, it is possible for a conviction  to be ‘spent’ under the ROA but you will still be subject to the notification requirements.

Employment

Once your conviction is spent, you don’t need to disclose it for any job covered by the ROA (even if you are still on the register). Until your notification requirements end, there is always a chance that the police will want a potential employer to know that you are on the register, especially if the job involves working with vulnerable groups.

You will now be able to apply for most jobs safe in the knowledge that if an employer were to carry out a basic DBS check nothing would be disclosed. However, if an employer were to undertake an ineligible check (for example a standard or enhanced DBS instead of a basic) then this could result in them becoming aware of a conviction which, legally, they are not entitled to know about. You may find that once they know about it, they decide to withdraw the job offer. It’s important therefore to be sure that an employer is doing the correct level of check. Our A-Z of job roles and their eligibility for basic, standard and enhanced DBS checks sets out the levels of DBS checks which may be undertaken for various jobs and roles.

You now have some protection under the ROA and employers cannot legally refuse you a job on the basis of a spent conviction. However, in our experience many will give another reason as to why your application has been unsuccessful.

Some employers carry out Google searches as a way of informally checking someone’s criminal record. If there are stories on the internet which relate to your conviction, an employer may be able to find details of your spent conviction which they may not legally be entitled to know about. In May 2014, Google (and other search engines) launched a system whereby individuals can request information about them be removed from search engine results. Google state that they are more likely to consider de-listing results relating to relatively minor offences that happened a long time ago rather than results relating to recent convictions for more serious offences. As the online application form is relatively quick and easy to complete, it may be something worth considering.

If you’re applying for a job which is exempt from the ROA and which requires a standard or enhanced check then spent convictions will be disclosed unless they are eligible for filtering. Although the filtering system was introduced to prevent the disclosure of old and minor cautions and convictions on standard and enhanced DBS certificates, in practice very few sexual offences are eligible for filtering.

Education

As universities usually only ask applicants to disclose unspent convictions when applying for courses, a spent conviction will allow you to apply for a lot more courses without having to disclose your conviction. If you’re considering applying for a course which would involve working with children or vulnerable adults and where an enhanced DBS check would be required (for example a nurse or a teacher) then you would need to disclose your conviction.

The ongoing effects of a sexual offence conviction

Travel

Being on the SOR means that you have to notify the police of all foreign travel. You will need to provide the police with the following information at least seven days prior to your departure:

  • 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
  • Details of accommodation arrangements for the first night outside the UK
  • The date of re-entry to the UK and point of arrival.

Once you have informed the police, your travel arrangements will be risk assessed and any appropriate action taken – this may include sharing the information with other agencies and countries. Where the police believe ‘a person to be a possible threat to public safety’, they may decide to issue a Green Notice through the Interpol Criminal Information System relating to your criminal record.

If a Green Notice has been issued then customs/immigration will be aware of it when your passport is scanned. This can sometimes result in you being taken to one side (or to an office within the airport) and asked further questions about your visit. Immigration will then decide whether to admit you or deny you entry.

Partners and family

Being convicted of a sexual offence can impact on other family members, especially if they work with or have children of their own.

If your partner’s occupation involves working with children and/or vulnerable adults then the police may feel it necessary to inform their employers of your conviction. If they need an enhanced DBS check then the police may choose to disclose your conviction as police intelligence (sometimes referred to as additional information) if they believe it is necessary. Although this rarely happens, in our experience it can cause partners a huge amount of worry and anxiety as they wait to receive their DBS certificate.

If you have children of your own then depending on the offence you were convicted of, there is a chance that there will be some involvement with children’s services, even if the offence was nothing to do with your own child. A risk assessment may be needed before you will be allowed any unsupervised contact, overnight stays or a return to the family home.

For further information visit our page on relationships, children and dealing with social services.

Employers’ attitudes towards hiring people convicted of sexual offences

In 2020 we worked with the Prison Reform Trust to explore employer’s attitudes towards hiring people convicted of sexual offences. The report “Thinking Differently – Employers’ views on hiring people convicted of sexual offences” can be found here.

The report identified several barriers to employment for people with sexual offence convictions. The majority of employers who responded to our survey were concerned about other employees’ reactions (65%), customer safety (62%) and workplace safety (54%).

The survey identified a range of factors that would make employers more willing to consider hiring people with sexual convictions, with half stating they would feel more confident if they had access to management advice (58%), believed that the applicant wouldn’t reoffend (55%) or knew that the person would be under strict probation supervision (49%). Around a third would be reassured by believing that other workers would accept them (39%) and by knowing that the offence was not ‘too serious’ (30%).

Our findings tentatively suggest that providing employers with some basic information might make them less concerned, in some ways, about hiring people with sexual convictions.

Personal experiences

The personal stories below have been posted on theRecord, our online magazine:

Discuss this with others

Read and share your experiences on our online forum.

Key sections include:

More information

  1. For practical information – Find more information on sexual offences
  2. To read personal stories – You can read stories about this posted on theRecord, our online magazine
  3. To discuss this issue with others – Read and share your experiences on our online forum
  4. Questions – If you have any questions about this, you can contact our helpline.

 

 

Applying to a court to end a court order

Aim of this page

This page aims to set out the implications of being given a court order, especially if it has no end date (i.e. an indefinite order). It also looks at how you can apply to have an order varied or discharged and what you can do to improve the chances of your application being successful.

Although this page concentrates on varying and discharging Sexual Offences Prevention Orders and Sexual Harm Prevention Orders, much of the information can be applied to other types of court order.

It is part of our information on understanding your criminal record and sexual offences.

Why is this important?

Court orders can have a devastating impact on a person’s private and family life, not only because of the prohibitions that they impose but because, as long as they are in force, a person’s conviction cannot be spent under the Rehabilitation of Offenders Act 1974.  This means that you would be required, if asked, to disclose your conviction when seeking employment or purchasing any financial products.

If you believe that the conditions on your order are too restrictive or you would like to have the end date amended, then it may be worth applying to have it varied or discharged.

What do we mean by a court order?

A court order is an official judgement or ruling issued by a court which sets out what a person can or can’t do. They are often referred to as ancillary orders and are imposed in addition to other sentences or disposals.

Some orders are aimed at redressing the harm caused, for example a compensation order, whilst others aim to prevent re-offending or repeat victimisation such as restraining orders.

In certain situations, a judge must impose an ancillary order, for example a person found guilty of causing death by dangerous driving must be disqualified. In other situations, it’s up to the judge to decide whether it’s appropriate to give an ancillary order, taking into account the circumstances and seriousness of the offence. In these cases, the prosecution will ask the judge to make an order.

There are a number of different ancillary orders including:

  • Criminal Behaviour Orders
  • Compensation Orders
  • Confiscation Orders
  • Disqualification from driving
  • Football Banning Orders
  • Forfeiture Orders
  • Restraining Orders
  • Sexual Harm Prevention Orders

What are the implications of having a court order?

As far as the Rehabilitation of Offenders Act is concerned, an order can impact on when a conviction becomes spent. For example, a compensation order would only be regarded as spent once it’s been paid in full.

If an order is given a specific lifespan, say 2 years, it will be spent at the end of that period. However in an email to Unlock in February 2015, Disclosure Scotland confirmed that if an order has no duration or no time specified then the default rehabilitation period would be two years. If an order is indefinite (‘has no end date’) then it will remain unspent until you return to court to have it varied or discharged.

If you are given an indefinite order it will also mean that any other disposal given at the same time will never be spent.

For example: In court, Robert was convicted of stalking. He was given a fine which would usually mean that his conviction would be spent after one year. However, in addition to the fine, he was given an indefinite restraining order meaning his conviction would never be spent until such time as the order was revoked or amended.

Varying or discharging a court order

Whatever order you have been given, there will be legislation in place that allows anybody mentioned in the order (for example you, the prosecution or anybody protected by the order) to request a hearing to vary or discharge it.

The process

To apply to have an order varied or discharged you will need to:

  • Apply in writing to the court in which the order was given stating that you wish to make an application to have your order varied or discharged. Your application should explain how your circumstances have changed since the original order was made and the reason why you believe it should be varied or discharged.
  • If applicable, the court may ask for a Victim Personal Statement before the case is heard in order to get a better understanding of what has happened since the order was granted.
  • You will usually be given the opportunity to make representation at the hearing.

Sexual Offences Prevention Order (SOPO) and Sexual Harm Prevention Orders (SHPO)

It is possible to apply to have a SOPO or SHPO varied or discharged at any time. However, a court will only have the power to discharge a SOPO/SHPO totally within 5 years of it having been made with the permission of the Chief Constable/Commissioner of Police in that area. This does not however prevent the court from removing or amending the terms of the order or its duration within that period. After 5 years, the court does not need the consent of the police to discharge an order in its entirety.

If you are seeking an amendment or discharge of an order, you should try to seek the support of your nominated Public Protection Unit police officer. It may be that an amendment can be achieved by mutual consent and negotiation in advance of any court hearing.

What information will I need to include in an application?

When considering what prohibitions to include in an order, the courts should ensure that it:

  • Minimises the risk of harm to the public or to any particular members of the public
  • Is proportionate and necessary
  • Can be policed effectively

If you feel that any of the conditions imposed on your order are disproportionate, unnecessary or cannot be policed effectively, then you’ll need to explain the reasons why. For example, if you’re trying to find employment, then having a prohibition which states that you can’t access or attempt to access the internet would cause you huge problems.

In any application to vary this condition, you would need to explain the type of job that you’re looking for and provide examples of job sites that would assist you in your search for employment.

If you’re claiming Jobseekers Allowance or Universal Credit, you could provide evidence of your Job Seekers Agreement and explain how difficult it is to meet the target job applications if you’re unable to use the internet.

If you’re looking to have an order discharged completely then there are several things you may wish to consider to improve your chances of success. These include:

  • Providing evidence to show that you have sought help to deal with any issues which led to your offending.
  • Explaining the positive changes you’ve made since the original order was given. This might include moving to a new area to avoid mixing with ‘the wrong crowd’, getting a job or improving your relationship with friends or family members.
  • If you want to have a SOPO/SHPO discharged then you’ll need to show that you have fully co-operated with the terms of the Sex Offenders Register and the requirements of your SOPO/SHPO.
  • If the police regularly inspect your electronic devices ask your supervising officer if he can provide you with the ‘clean bill of health’ given by the police after any unannounced inspection visits.

Will I need to use a solicitor?

Not necessarily. Varying or discharging a court order is achieved through a court acting in a civil capacity rather than as a criminal court. Therefore, representing yourself is a realistic possibility and court staff should be able to advise you on the correct process.

In some cases, solicitors will be able to represent you using the same legal aid certificate which related to the original court hearing.

Details of organisations that provide legal advice can be found here.

Discuss this with others

Read and share your experiences on our online forum.

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.

  • Ministry of Justice – Government department who have responsibility for the Rehabilitation of Offenders Act

For information

  1. For practical information – More information can be found on our sections on sexual offences and understanding your criminal record
  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.

Get involved

Help us add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum

 

Information: Relationships, children and dealing with social services

Aim of this page

This information is designed to set out what you may need to consider if you have been convicted of a sexual offence and are looking to start a new relationship. It also looks at how social services may become involved in any new or existing relationship.

Why is this important?

If you have been convicted of a sexual offence, then you will naturally be concerned about disclosing this to a new partner, especially if your partner has children.

Many people with sexual or violent offences will be managed by the police, probation, prison and other professionals in order to protect the public from harm. These arrangements are referred to as MAPPA. As a result of this, the police or probation may chose to share details of your conviction with some of the following organisations:

  • Local authorities
  • Social services
  • Housing providers
  • Children’s services
  • Employers
  • Health services

If the police/probation choose to make a disclosure, then this could potentially have an impact on a new or existing partner, for example if they are working with children or have children of their own.

Its important to recognise that the police/probation may insist that you disclose your conviction to a new partner (or threaten to do it for you). This may also result in social services and/or other organisations becoming involved. Having an awareness of this will hopefully prepare you for dealing with them if, and when, they occur.

Starting a new relationship

For many people, getting a job, somewhere to live and starting a new relationship can all be seen as positive ways of moving on with life following a conviction. However, for anybody who has been convicted of a sexual offence, meeting somebody new can provide additional difficulties.

If you are on licence, you may find that additional conditions are added to it if you are convicted of a sexual offence. For example:

  • To tell your supervising officer if you start a new relationship.
  • To tell your supervising officer if you start a new relationship where the person resides in a house with someone under the age of 18.

If you are subject to notification requirements, you will also need to:

  • Notify the police where you are living in a household with a child under the age of 18. You will also 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.

If you have any of the above restrictions, or if the police/probation believe that your new partner could be in any way vulnerable, then they will insist that you disclose your conviction to your new partner.

A good probation/public protection officer will give you an opportunity to do this for yourself. However, the time period they give is likely be to weeks rather than months. There is every chance that either the police or your probation officer will require clarification from your new partner that you have disclosed and what you’ve disclosed. It’s therefore in your best interest to be as up front and honest as you can.

Disclosing your conviction to a new partner

Telling somebody about your past can be hard. You may be worried that your new partner will judge you, lose respect for you or put an end to the relationship. Many people who have been convicted of a sexual offence will have no option but to disclose this to a partner, for fear of them finding out some other way. How you disclose will depend on the type of person you are. However there are some things that you may want to consider beforehand.

Tell the story to yourself first. Think about the who, what, where, when, how and why it happened.

Think about the circumstances at the time of the offence. Explain any events that led up to the incident and, more importantly, explain what you’ve done since.

Think about why you are telling your partner now and what impact it might have on them. For example, the possible involvement of social services if they have children.

Don’t immediately leap to the worst case scenario. Imagine step by step what might happen and how you could respond to anything that comes up.

Practice telling your story from beginning to end but don’t be tempted to write a script. You can’t assume how your partner will react so you have to keep the lines of communication open. It might be an idea to practice with somebody who knows the situation.

Meet at a time and place where you can focus entirely on each other. It’s always a good idea to tell your partner when they have time to digest the information, for example a Friday evening when they have the weekend to think about what you’ve told them.

This will certainly be the case if you feel you may have misled your partner in some way by not telling them earlier.

If you feel remorse, show it.

Be prepared for a bad reaction. You partner may shout, cry or be silent. It will probably come as a shock to them. People don’t always mean what they say in situations like this.

Questions from your partner may bring back unpleasant memories but try to answer as best you can. If you find it difficult to talk about, explain this.

Disclosing that you have a criminal record won’t necessarily be the end of the relationship. However, have realistic expectations and give your partner time and space to come to terms with what you’ve told them.

Starting a new relationship if your partner has children

When it becomes known that a person subject to the sex offence notification requirements (on the sex offenders’ register) is sharing the household or, has significant contact with children, then there is every likelihood that children’s services will become involved.

If this is the case, then children’s services will usually wish to carry out a risk assessment under Section 47 of the Children’s Act 1989. The child’s parent/carer will be told of the concerns held and, if it is appropriate, a child protection conference and/or legal proceedings may result.

What would a risk assessment involve?

Risk assessments are undertaken to evaluate:

  • The frequency and extent of your past offending behaviour
  • The level of danger that professional agencies have attributed to you in the past
  • The likely risk to current, future and potential victims
  • Your motivation to change or control your offending behaviour
  • Details of any intervention programmes that you have undertaken.

In addition, an assessment will be made of:

  • Your partner’s willingness and capacity to protect their children
  • Any risk posed to other members of the household or the extended family
  • Any risk posed to members of the wider community.

It is possible that any findings will be shared with other agencies (for example health care professionals, schools etc).

The process can be extremely intrusive and difficult and we have heard of situations where children’s services have threatened to take children into care if a man/woman refuses to break off their relationship with somebody who is on the sex offenders’ register.

Returning to your own family following a conviction for a sexual offence

If you are already a parent at the time you receive a conviction for a sexual offence, then there is a chance that there will be some involvement with children’s services, even if the offence was nothing to do with your own child. A risk assessment may be needed before you will be allowed any unsupervised contact, overnight stays or a return to the family home.

Social workers will be keen to speak to all members of the family together and also separately to ensure that:

  • You want to reintegrate with your family
  • Your family are happy for you to return to the family home and are not being coerced into agreeing to it
  • Key issues surrounding your offending behaviour have been addressed

Having a family of your own

All the time you are on the sex offenders’ register, you stand a good chance of there being some involvement with children’s services if you choose to start a family of your own. Once you come off the register, you should be treated no differently to any other couple looking to start their own family.

Child protection procedures

If children’s services believe that a child may be at risk of harm, they will try to establish what kind of assessment (if any) needs to be carried out and whether they should start a child protection enquiry. The aim of a child protection enquiry is to gather information about a child’s circumstances and decide whether any action is needed to keep them safe and well cared for.

If an enquiry demonstrates that there is no risk of harm to a child, then no further action will be taken. If children’s services feel that the family may benefit from additional support, then they may put some monitoring measures in place. This could be for example, ensuring that a child is never left unsupervised with the person who has a conviction for a sexual offence.

If it is believed that a child is, or is likely to be, suffering significant harm, then an initial child protection case conference will be arranged.

Challenging decisions and making a complaint

Parents, people caring for children, family members who are involved with a child and sometimes children themselves can make a complaint about a decision made by children’s services.

Complaints can be made about:

  • Any of the decisions of or services provided by a social worker or children’s services and
  • Not getting the services or help you or your child needs.

How do you make a complaint?

You can make a complaint by:

  • Arranging a face to face meeting with your designated social worker and discussing your complaint with them. Always follow up what you’ve discussed in writing so that you have a record of it
  • Completing the local authorities online complaints form
  • Writing to or emailing the children’s services complaints department.

In any complaint you should:

  • Put all your issues in one letter rather than writing lots of separate letters as this may come across as you being an habitual complainer
  • Keep your complaint as clear and brief as possible
  • Make sure you explain clearly what you believe children’s services has done wrong, how it has affected your child and what you would ideally like them to do to put things right
  • Keep a copy of the complaint and other relevant information relating to it.

What other ways could my new partner be affected by my offence?

Disqualification by association

If you are convicted of a sexual offence against a child, then anybody who lives in the same household as you could be disqualified from working in some jobs with children up to the age of eight. We have more information about disqualification by association.

Personal experiences

The personal stories below has been posted on theRecord, our online magazine.

Read X and B’s story – For better or worse – my relationship with a sex offender

A cautionary tale if you’re looking to start a relationship with somebody who has been convicted of a sexual offence

Discuss this with others

Read and share your experiences on our online forum.

Key sections include:

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.

  • Lucy Faithfull Foundation – A child protection charity working with people with convictions for sexual offences
  • Family Rights Group – A charity working with parents in England and Wales who have children in need, at risk or are in the care system

More information

  1. For practical information – More information on sexual offences
  2. To read personal stories – You can read stories about this posted on theRecord, our online magazine, under the tag sexual offences
  3. To discuss this issue with others – Read and share your experiences on our online forum
  4. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum
  4. Share your personal story by contributing to our online magazine, theRecord.

This page was last fully reviewed in December 2016. If you’ve spotted something that needs updating please let us know by emailing advice@unlock.org.uk or completing a feedback form.

Information: Sex offence notification requirements

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 misconceptions about sexual offences and many people assume that having a notification requirement means that they will need to continue disclosing their conviction all the time they remain on the register, even if their conviction is spent.

It’s important to have an understanding of what your notification requirements will involve and how they may impact on every day life but to also recognise that just being on the register may not require you to disclose your conviction every time you are asked.

It should also be noted that if you’ve been convicted of a sexual offence abroad, you could still be made subject to notification requirements in England and Wales. Further information can be found here.

Introduction

The notification requirements for those convicted or cautioned for sexual offences (commonly referred to as the ‘sex offenders’ register’) were initially introduced in England, Wales, Scotland and Northern Ireland as part of the Sex Offenders Act 1997.

This system which applied retrospectively, was amended under Part 2 of the Sexual Offences Act 2003 meaning that relevant offenders were required to 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.

These details must be provided in person at a nominated police station within 3 days of the conviction and must be updated on an annual basis. For a list of the police stations which can accept notifications, click here. Individuals subject to the requirements are also routinely photographed when making a notification. Failure to comply with the notification requirement is a criminal offence punishable by up to five years imprisonment.

The information about an offender’s bank account is held securely and possessed by the police. However they are not entitled to examine the details of the account transactions. Access to bank accounts and transactions is not ordinarily permitted without the intervention of a court order.

In September 2013, a claimant sought a declaration that this particular regulation goes against Article 8 of the European Convention and his right to a private life. The Court decided that although this did amount to an interference with the claimants privacy, this was justified by allowing the police the ability to trace an offender quickly and guard against the risk of an offender using another identity. For more information on this issue please see the following link.

In the years between 2006/07 and 2012/13, over 1000 individuals have been cautioned or convicted for breaches in the notification requirements.

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

How long do the requirements last for?

The length of time to which individuals are subject to the notification requirements is based upon the sentence received (finite notification periods are halved if the person is under 18 when convicted or cautioned).

Notification requirements for extended sentences

Individuals subject to an extended sentence should be aware that the notification period is calculated by using the whole term. For instance, if sentenced to four months plus a four month extended supervision period the term would be eight months. The resultant notification period would therefore be 10 years rather than 7 years which would have resulted from a four month custodial sentence. For further explanation from the Home Office, click here.

Indefinite notification

In April 2010, the UK Supreme Court ruled that indefinite notification periods were incompatible with Article 8 of the European Convention on Human Rights (Right to respect for private and family life) because they did not contain any mechanism for the review of the justification for continuing the requirements in individual cases. This effectively meant that those subject to lifetime registration should have the right to an appeal where they will have the opportunity to demonstrate that their risk has been minimised to a degree that it is no longer necessary for them to be subject to the notification requirements.

As a result of this case, the Sexual Offences Act 2003 (Remedial) Order 2012 came into force on 30 July 2012 and allows individuals who are subject to indefinite notification requirements the opportunity to apply to the police for a review of this requirement, after a fixed period of time has elapsed. This is currently 15 years for an adult and 8 years for a juvenile, from the date the individual makes their first notification to the Police.

Appealing an indefinite notification

Any review of the notification requirements will be carried out by the police on the basis of a range of factors including information provided from the Responsible Authority and Duty to Co-operate agencies which operate within the Multi-Agency Public Protection Arrangements (MAPPA) framework (under section 325 of the Criminal Justice Act 2003).

Detailed guidance has been produced by the Home Office, particularly aimed at police forces, and is available to download here.

If the police determine that your application should be refused, then you will continue to remain subject to indefinite notification requirements. You will be able to seek a further review after a minimum of 8 years has elapsed.

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.

The review of indefinite notifications started in September 2012. This allows those subject to indefinite notification requirements to submit an application to review. To try to find out how the Police were dealing with these, we made a Freedom of Information application to Kent Police. The response that we received is copied below:

Since September 2012, Kent Police has received 9 applications of which 6 were granted and 3 were declined.

For each of the 6 successful applicants, it was established that the level of risk posed by the individual had reduced to such a level that no beneficial purpose would be served by continued registration. This was found not to be the case for the three applications that were declined.

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 unsuccessful and you wish to challenge the decision made by the police, you have the right to appeal to the magistrates court within 21 days. You will remain subject to the indefinite notification whilst your appeal is outstanding.

It’s important to note that you will be liable for any court fees incurred and, should your appeal be unsuccessful, you may also be liable for the costs of the appeal. We would recommend that you seek legal advice before taking your case to the magistrates court.

Visits from the police

Whilst an individual subject to the notification requirements does not legally have to permit the police to enter their property when a visit is conducted, such behaviour is likely to prompt concern and will make the risk assessment process more complicated for the police.

Section 58 of the 2006 Violent Crime Reduction Act, amended the 2003 Sexual Offences Act to give police the power to enter and search the home address of a registered sex offender where at least two previous attempts to gain entry had been unsuccessful. This means that if police are refused entry for the purpose of conducting a risk assessment under MAPPA, they can apply for a search warrant to a local magistrate. It is therefore advisable for those subject to the notification requirements to co-operate fully with these visits and to use them as an opportunity to seek advice or information on any relevant issue from their designated PPU officer.

The frequency of visits will generally be determined by the perceived risk level of the individual in question with lower risk cases being visited on an annual basis and the very highest risk cases on a monthly basis.

Violent and sex offenders’ register (ViSOR)

ViSOR is a shared access database of records of those subject to the notification requirements under the Sexual Offences Act 2003, those imprisoned for more than 12 months for violent offences and unconvicted people simply thought to be at risk of offending. ViSOR can be accessed by the police, probation and prison service personnel. Private companies running prisons are also granted 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.

If any of the above information changes, you will need to make a new notification at least 24 hours before your departure from the UK.

If you are unable to provide the details of the date of re-entry to the UK and point of arrival prior to departure, you must do this within 3 days of your return to the UK.

If you are on licence, you must seek permission to travel from your probation officer.

All travel arrangements will be risk assessed and any appropriate action taken – this may include sharing the information with other agencies and countries. The police will consider whether you are travelling abroad to commit further offences, which may put children or adults in danger, and the ‘reputation of UK law enforcement agencies at risk’.

It is a criminal offence to fail to notify the police of your travel plans, and this holds a maximum penalty of five years in prison.

Interpol notices

Interpol’s International Notice System was created in 1946. Green Notices are usually issued to provide warnings and criminal intelligence about a persons criminal activities, where the individual is considered to be a possible threat to public safety. It is seen as an effective way to share key police intelligence on a global scale and to prevent people with a criminal record from crossing borders.

Interpol publishes notices either on its own initiative or based on requests from its member states. Notices should only be issued if there is a clear indication that a person intends to commit or is committing a serious offence.

interpol-table

Personal experiences

The personal stories below have been posted on theRecord, our online magazine.

Travel tips if you’re on the sex offenders register

Discuss with others

Read and share your experiences on our online forum.

Key sections include:

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.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum

 

 

 

Information: General information about sexual offences

Aim of this page

This information is designed to provide specific information around convictions for sexual offences, in particular civil orders which may run alongside a caution or a conviction. We have specific information on notification requirements.

Why is this important?

There are many misconceptions about convictions for sexual offences and how they work in terms of disclosing to employers. You should make sure that you are clear about:

  • When your conviction becomes spent under the Rehabilitation of Offenders Act and what you’re legally requested to disclose to employers, insurers etc.
  • The impact of the sex offenders’ register and any civil order on rehabilitation periods.

Introduction

This information gives an overview of the relevant legislation relating to those with convictions for sexual offences. We have separate information on notification requirements and barring.

The Rehabilitation of Offenders Act 1974

Sexual offences can become spent under the Rehabilitation of Offenders Act in the same way as any other conviction. It depends on the sentence that was received.

The ROA and notification requirements

It’s important to note that the length of time it takes for a conviction to become spent is usually different to how long you may be subject to the notification requirements. As a result, it is possible for a conviction to be ‘spent’ under the ROA, but you will still be subject to the notification requirements.

The ROA and Sexual Offences Prevention Orders (SOPO’s) or Sexual Harm Prevention Orders (SHPO’s)

The view of the Ministry of Justice is that SOPO’s and SHPO’s fall within the definition of an “order that imposes prohibition”, so the rehabilitation period ends on the date when the prohibition ceases to have effect (if it’s the longest one). This will depend on the length of the SOPO/SHPO. This means that a conviction cannot become spent until the SOPO/SHPO that relates to that conviction ends.

It follows that if a SOPO/SHPO is imposed for an indefinite period, then it will be subject to disclosure indefinitely, until the SOPO/SHPO is ended in some way (for example going back to court to get the end date amended).

On licence for a sexual offence

If you have been released on licence it means that you will serve the rest of your sentence in the community.

Your licence gives specific instructions on what you must do and the conditions that you must follow. You may be taken back to prison if you do not follow the rules. This may be because you have offended again or broken some other conditions; this is called a breach of licence.

For more information and advice about being on licence for a sex offence, the Prison Reform Trust have published a useful leaflet.

Civil orders – SOPO’s, SHPO’s and SRO’s

On the 8th May 2015, the Sexual Offences Act 2003 was amended, making changes to the provisions dealing with behaviour orders to be imposed following complaint or conviction for a sexual offence. The following orders were repealed at that time:

  • Sexual Offences Prevention Orders
  • Risk of Harm Orders
  • Foreign Travel Orders

They were replaced with:

  • Sexual Harm Prevention Orders
  • Sexual Risk Orders

Sexual Offences Prevention Orders (SOPO’s)

Until March 2015, a Sexual Offences Prevention Order (SOPO) was a civil order created by the Sexual Offences Act 2003 to replace Restraining Orders and Sex Offender Orders available through the Sex Offenders Act 1997.

Read more about SOPO’s.

Sexual Harm Prevention Orders (SHPO’s)

A Sexual Harm Prevention Order (SHPO) is a preventative order enabling a court to impose prohibitions on an individual who has been:

‘Convicted, found not guilty by reason of insanity or found to be under a disability and to have done the act charged, or cautioned etc for an offence listed in Schedule 3 or Schedule 5 of the Sexual Offences Act 2003 either in the UK or overseas’

They replaced SOPO’s in March 2015.

Sexual Risk Order (SRO)

A Sexual Risk Order (SRO) is a civil order which can be sought by the police against an individual who has not been convicted, cautioned etc of a Schedule 3 or Schedule 5 offence but who is nevertheless thought to pose a risk of harm.

Foreign travel restrictions

SHPO’s and SRO’s may contain foreign travel prohibitions, where this is necessary for the purpose of protecting children or vulnerable adults abroad. Restrictions can include:

  • A prohibition on travelling to any country outside the UK named or described in the order
  • A prohibition on travelling to any country outside the UK, other than a country named or described in the order, or
  • A prohibition on travelling to any country outside the UK.

An individual subject to a SHPO or SRO prohibiting them from travelling to all countries outside the UK will be required to surrender their passport at a police station specified in the order. It is an offence for the individual to fail to surrender their passport as required by the order.

It is important to note that the activity which would constitute causing harm to the child or vulnerable adult does not have to be illegal in the foreign country where it is intended to take place. For example, a SHPO or SRO can prevent an individual from travelling to a foreign country to engage in sexual activity with a child aged 14 even if sexual activity with a child aged 14 is not an offence in the country concerned.

Notification orders

Notification orders (not to be confused with the notification requirements) require those convicted of sexual offences overseas to register with the UK police, in the same manner as those convicted in the UK.

The police may apply to the court for the order in relation to individuals already in or intending to enter the UK. These orders will not apply to the majority of people convicted of sexual offences already resident in the UK as they will already have been subject to the notification requirements from the point of conviction. The number of applications for notification orders is therefore relatively low compared to the use of Sexual Offences Prevention Orders.

Personal experiences

The personal stories below have been posted on theRecord, our online magazine.

Read Alex’s story about living day to day with a sexual offence order – Functioning on a daily basis with a sexual offences order

Duncan writes about the ongoing discrimination of a sexual offence – Food for thought at the food bank – An old sexual offence getting in the way of collecting food

Discuss with others

Read and share your experiences on our online forum

Key sections include:

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 read personal stories – You can read stories about this posted on theRecord, our online magazine, under the tag sexual offences
  3. To discuss this issue with others – Read and share your experiences on our online forum
  4. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum
  4. Share your personal stories by contributing to our online magazine, theRecord

 

 

 

We want to make sure that our website is as helpful as possible.

Letting us know if you easily found what you were looking for or not enables us to continue to improve our service for you and others.

Was it easy to find what you were looking for?

Thank you for your feedback.

12.5 million people have criminal records in the UK. We need your help to help them.

Help support us now