The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
The notification requirements are a statutory scheme set out in Part 2 of the Sexual Offences Act 2003 (SOA 2003) to manage the risks posed by sex offenders living in the community. Notification requirements do not require any order or ruling by the court, rather they are applied automatically by statute when a person is convicted in circumstances falling within SOA 2003, s 80. As the requirements are imposed by statute, there is no appeal against the statutory application of the notification requirements.
The scheme only applies to certain categories of offenders and is commonly referred to as the sex offenders' register, although there is no register as such.
Offenders subject to the notification requirements are automatically required to notify certain information to the police on conviction or caution for a relevant sexual offence.
The period of time an offender is required to comply with the requirements (the notification period) is dependent on how the offender was dealt with for the relevant offence.
Although notification is automatic and is not dependent on a court order, Home Office guidance states that a certificate should be issued each time an offender is convicted of a relevant offence so that the correct period of notification can be established by the police.
The SOA 2003 expressly provides that a court may issue a certificate where
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