The law relating to sexual offender registration requirements changed in 2012 following the decision of the Supreme Court in the case of F in which we acted for the claimant.
Individuals who are subject to indefinite registration (those who have been convicted and sentenced to 30 months imprisonment or more) can now apply for a review of whether they need to remain subject to SOR requirements once they have been on the register for 15 years (8 years in the case of a person under 18 at first registration).
The minimum time (15 or 8 years) runs from the date of conviction. An application can only be made if there is no Sexual Harm Prevention Order (SHPO) in force. If there is, we can advise on this issue separately, but a discharge application would need to be considered as SOR requirements will continue to run whilst a SHPO is in existence.
| Sexual offence | Sentence | Registration requirement |
| Conviction - imprisonment | 30 months or more | Indefinite |
| Conviction - imprisonment | +6 months but less than 30 months | 10 years |
| Conviction - imprisonment | Less than 6 months | 7 years |
| Conviction - hospital admission | Non restricted | 7 years |
| Cautioned | 2 years | |
| Convicted | Conditional discharge | Length of CD |
| Any other description | 5 years | |
| Subject to Sexual Health Prevention Order | Length of order |
The team have experience of making applications for discharge or amendment of an SHPO which is the sole reason why indefinite SOR requirements continue. There has been a practice of indefinite SHPO’s being made which exceed a fixed period of SOR requirements from the sentence imposed. In effect these artificially extend the SOR requirements and have been criticised by the courts
The police will consider the risk to the public and whether it is necessary for the applicant to remain on the register for the purpose of protecting the public or any particular members of the public from sexual harm.
