Sex Offender Act 1997

General

1.1 The Sex Offender Act 1997 was implemented on 1 September 1997 and advice is given on the implications of the Act by Home Office Circular 39 / 1997.

1.2 'Ministers have made it very clear that the information must not merely be recorded or filed. It is essential that risk assessment should be undertaken by the police working with other child protection agencies, in order to protect children and vulnerable adults.'

Registration Criteria

2.1 Those who must register are:

Those Convicted or Cautioned for 'relevant offences' after the implementation date (1 September 1997)
Those previously sentenced to custodial sentences or hospital detention for 'relevant offences'
Those serving Community sentences (Probation, Community Service Orders and the like) at the time of implementation for 'relevant offences'

2.2 'Relevant offences' are:

Rape
Intercourse with a girl under 13 years
Intercourse with a girl between 13 and 16 years (offender 20 years or over)
Incest by a man (victim under 18 years)
Buggery (offender 20 years or over and victim under 18 years)
Indecency with men (offender 20 years or over and victim under 18 years)
Indecent assault (sentence 30 months or over and victim under 18 years)
Assault with intent to commit buggery (victim under 18 years)
Causing or encouraging prostitution of, intercourse with or indecent assault on a girl under 16 years
Indecent conduct towards a young child
Inciting a girl under 16 years to have incestuous sexual intercourse
Indecent photographs of children (possession, taking / showing or possessing with view to distributing).

Registration Timescale

3.1 Registration occurs when an offender registers in person or in writing to any Police Station:

Within 14 days of Conviction / Caution
Within 14 days of being notified as subject to registration (Community Service Order, Probation Orders)
Within 14 days of release from Prison or Hospital
Within 14 days of change of name or address
On residing at an address for 14 days or an aggregate of 14 dates within a 12 month period.

Risk Assessment

4.1 The agreed multi-agency protocol for a risk assessment is known as a MAPP meeting. and contains the following

The contact point for information or referral of concerns relating to sex offenders will be the Police Child Protection Teams
The Social Services Child Protection officers will chair Strategy Meetings under child protection procedures relating to sex offenders who target specific children and young people and will be responsible for minute taking
The Probation Service will chair Multi-Agency Public Protection (MAPP) meetings relating to sex and dangerous offenders who target vulnerable adults and children in general
Any agency having concerns can call a MAPP meeting through Police or Probation
The MAPP meeting will make recommendations to address the safety of children and the public, as well as any notification to individuals or the community

4.2 Notification to an individual or to the community will be the responsibility of the Police and only with agreement from Assistant Chief Police Officer rank.

4.3 The Strategy Meeting will include in its deliberation the monitoring of the outcome of its recommendations.

4.4 Questions to be asked by multi-agency risk assessment include the following:

Nature and pattern of previous offending
Compliance with previous sentences and/or any previous court orders
Probability of further offences being committed
Harm such behaviour will cause
Any predatory behaviour
Potential subjects of harm (children / vulnerable adults)
Potential consequences of disclosure to individuals or the community (wider context of law and order)

Failure to Register

5.1 Failure to Register

The offender will be located by the Police and reported. Arrest may be considered in certain circumstances.