At Monan Gozzett, we know anyone can suddenly find themselves on the wrong side of a false sex allegation and in need of a specialist sexual offence solicitor.
The implications of being wrongly accused of such a crime can be devastating.
Victims can find themselves handed a Sexual Harm Prevention Order or even placed on the Sex Offenders Register.
If this does happen, can individuals be removed from them?
We take a look at their impacts and the legal options available.
What Is The Sex Offenders Register (SOR)?
The purpose of the SOR is to list the details of anyone, both male and female, who have been convicted, cautioned or released from prison for any sexual offence relating to children or otherwise.
Following the conviction of any sex offence, it is mandatory that the individual reports to their local police station to 'sign on' within three days of their conviction or release from prison and must continue this registration annually.
Police station reports may be required more frequently for more serious convictions.
The process involves providing your name, date of birth, home address and national insurance number.
Can You Be Removed From The Sex Offenders Register?
Yes, it is possible to be removed from the sex offenders register.
However, the procedure is complicated. A compelling case with supporting evidence must be submitted for the application to be considered.
Firstly, if the individual is also subject to a Sexual harm prevention order (more on this below), this must first be removed before an application for removal from the SOR is made.
Secondly, an application for SOR removal can be made to the police from an adult who has been on the register for 15 years or a juvenile following eight years on the register.
If the initial application is refused, an appeal to a Magistrates Court may be actioned.
What Is A Sexual Harm Prevention Order (SHPO)?
An SHPO is a court order against an individual that restricts their behaviour to help protect the public from sexual harm.
Some conditions that may be attached to an SHPO include the following:
- Not to approach or have any direct or indirect contact with the victim
- Not to do any work (paid or unpaid) or participate in any recreational activity that would result in them coming into contact with someone under 16 years old.
- Not to travel to or attempt to travel to a particular country
- Not to use any device such as a computer or mobile phone to connect to the Internet unless it can store your history of Internet use
- Not to use a computer to download any photographs of anyone under the age of 16
- Not to enter or remain in any house where anyone under 16 is present.
Removal From The Sexual Harm Prevention Order (SHPO)
It is possible to apply to have an SHPO varied or discharged at any time.
However, a court will only have the power to discharge an SHPO entirely within five years of it being made with the permission of the Chief Constable/Commissioner of Police in that area.
Contact Monan Gozzett
If you or someone you know requires expert legal advice and assistance relating to the Sex Offenders Register or a Sexual Harm Prevention Order, please do not hesitate to contact our expert criminal defence lawyers.