16 Feb 2011

Sex offenders to get appeal right against register

Thousands of sex offenders in England and Wales will be able to appeal against having their names on the sex offenders register for life.

A prisoner looks out of a window

The Government is introducing proposals to allow for appeals by all sex offenders, including paedophiles and rapists, following a decision by the Supreme Court last year. The case was started in 2008 by two convicted sex offenders who claimed that being on the register indefinitely with no right of review was in compatible with their rights to privacy.

They won their case in the High Court and the Supreme Court rejected a Home Office appeal. The President of the court, Lord Phillips, said it was obvious that there must be some circumstances in which an appropriate tribunal could reliably conclude that the risk of an individual carrying out a further sexual offence could be discounted.

One of the men at the heart of the case, known only as JF, was given a 30 month sentence for two counts of rape, committed when he was 11. Under the current rules anyone sentenced to at least 30 months in prison for a sexual offence is placed on the register for life.

They have to notify the police of their personal details, change of address and any travel abroad. The Scottish Government already allows adults to seek a review after 15 years on the register – and people convicted before they turn 18 can get a review after eight years.

The Home Secretary Theresa May is due to make a statement in the House of Commons on Wednesday afternoon. In a statement the Home Office said; “We are considering our response to the Supreme Court ruling. We are looking at the best way forward, working closely with the police and other public protection agencies, while preserving the very important safeguards we have in place.”