What is the sex offender’s register?
The Sexual Offences Act 2003 introduced a Notification Requirement (referred to as the sex offender’s register) which specified that individuals convicted of certain qualifying sexual offences were required to provide certain key pieces of information to the Police in their local area within 3 days of any changes.
If the offender does not have a local area as such, the area is defined as the place where the court that has convicted the individual is located. For example, if a person accused is homeless in London, and is convicted of a qualifying offence in Blackfriars Crown Court, they would ordinarily be required to comply with the Notification Requirements at somewhere like Southwark Police Station.
What offences put you on the sex offender’s register in the UK?
If you are convicted of a sexual offence in the UK, there is a strong possibility that you will be added to the sex offender’s register, irrespective of whether the victim is a child or an adult.
The offences, detailed in the Sexual Offences Act 2003, cover a range of acts including, but not restricted to:
- Encouraging or facilitating sexual activity
- Child grooming
- Sexual acts involving minors
- Online and social media infractions
- Possession of indecent images
- Rape
- Distribution of revenge pornography
- Sexual assault
However, for certain offences, if you are sentenced to a Community Order shorter than 12 months, registration is not mandatory.
How long do offenders stay on the sex offender’s register?
The duration of your time on the sex offender’s register depends on the sentence or order imposed post-conviction.
For individuals aged 18 and above at the time of conviction, the following timeframes apply:
- Caution: 2 years
- Conditional discharge: Duration of the discharge period
- Hospital order without restriction order: 7 years
- Imprisonment of 6 months or less: 7 years
- Imprisonment between 6 and 30 months: 10 years
- Hospital order subject to a restriction order: Indefinite
- Imprisonment exceeding 30 months: Indefinite
- Any other disposal type (e.g. Community Order less than 12 months): 5 years
It must be noted that these durations and the rules are different for individuals under 18 at the time of conviction.
What personal information do I need to provide?
The key personal information that must be provided to comply with the Notification Requirement is:
- Date of birth
- National insurance number
- Their name on the date of the conviction and, where there was one or more other names convicted on that date, each of those names
- Their home address on the date of the conviction
- Their name on the date on which notification is given and where they used one or more other names on that date, each of those names
- Their home address on the date on which notification is given.
- Their address of any other premises in the United Kingdom at which, at the time the notification is given, they regularly reside or stay
- Whether they have any passports and, if applicable, in relation to each passport they have, who the issuing authority was, the passport number, the dates of issue and expiry and the name and date of birth given as being those of the passport holder.
What happens if I fail to provide my personal details?
If you fail to comply with the requirement to register your details with the Police within 3 days of conviction, having been told of the Notification Requirements, this is a criminal offence.
It is similarly a criminal offence if any of the details provided by the person then change and Police are not notified of those changes within 3 days of the change.
If you have been convicted of a sexual offence, specialist legal advice is vital, as some offences only trigger the Notification Requirements if a certain sentence is imposed.
What recent changes have been made?
In February 2025, the Crime and Policing Bill 2025 was introduced in the House of Commons. Although the Bill has not yet been approved, the following changes to the sex offender’s register have been proposed:
- You will need to notify law enforcement ahead of any contact with a child in a private setting (previously, notification could occur at the time of contact)
- You will need to notify law enforcement if you are planning to be away from your main residence for more than five days (previously seven days)
- High-risk offenders will be prevented from changing their names on official documents. Any offender who wishes to change their name must notify law enforcement seven days prior and the Police have the ability to block the change.
- Offenders will be able to notify the Police virtually of any circumstances rather than having to attend a designated Police Station. This will depend on the offender meeting certain criteria.
These changes are not yet enforced under UK law and are subject to approval.
Can I go on holiday while on the sex offender’s register?
If you leave your registered address for a period of three days or more, you must inform the Police prior. This requirement applies regardless of whether the absence is temporary or permanent.
You must inform the Police no less than 7 days before leaving your registered address and you must inform the Police:
- Where you will be staying in your absence
- What your travel arrangements are
- When you will be returning to your registered address
You must also the local Police force where you’re staying once you arrive and there is an overarching requirement to notify the Police of any changes to the notified arrangements should they be required or made.
How will the sex offender’s register affect me?
Individuals listed as registered sex offenders cannot alter any previously provided information without notifying the Police within three days of the change. Even if there are no changes, a report must be submitted to the Police every 12 months.
Specific restrictions may also apply if an individual is also subject to a Sexual Harm Prevention Order (SHPO). These restrictions could include conditions like prohibiting international travel, requiring computer monitoring software for internet access, and restricting visits to places where children are likely to be present, such as a park.
Contact Lawtons for expert legal advice
Expert and specialist advice is vital to ensure that accidental breaches do not take place. Regrettably we have been instructed in cases where the offender was never told of the notification requirements or where they were badly explained. If you find yourself subject to a case where you may become subject to notification requirements, contact us today so we can guide you through the specifics of your case and what may happen upon conviction.
If you find yourself convicted of a sexual offence our team of specialist sexual offence solicitors are here to provide you with expert legal support. There is no time to waste – contact our specialist team today to protect your future.
