Any other disposal e. However, if you are subject to a Sexual Harm Prevention Order you will not be eligible to apply for review. If you are subject to an extended sentence, the original sentence plus the extended sentence is the length of sentence which determines your registration period.
I am on the Sex Offenders Register indefinitely. Can I apply for a review? If you are on the register indefinitely, you can apply to the police to have this reviewed after 15 years if you were an adult upon conviction, or eight years if you were a juvenile upon conviction.
However, if you are subject to a Sexual Harm Prevention Order , you will not be eligible to apply for review. When making a decision about whether you should remain on the register, the police will consider: If your appeal fails, you will not be eligible to apply for a further review for another eight years. Who will be told about my offence s?
In general, the decision to disclose will be made on a case by case basis, either by the police from the Public Protection Unit or by your probation officer if you are on licence. If you are under MAPPA, any other agencies involved in the assessment of your risk may also be involved in any decision to disclose. Any decision to disclose will be based on a proper risk assessment, which should take into account the potential consequences of disclosure to you and your family.
The reason for providing information about you to others must be based on your risk of sexual harm to the public or to particular individuals. For example, if you have a conviction for adult rape and you live in shared accommodation, the police may inform your housemates of your conviction if they feel that you present a risk. This allows anyone concerned about a child to formally ask the police if someone with access to a child has a record for child sexual offences.
Criminal record checks are carried out on the applicant. The person who is told is not allowed to tell anybody else. Currently, there is no formal scheme for this in Northern Ireland. However, information on sex offenders can be shared in a controlled way by the police, where necessary for the purposes of child protection or risk management.
If an application is made under the scheme, the police and partner agencies will carry out checks and if they show that the partner has a record of abusive offences, or there is other information to indicate that there may be a risk from the partner, the police will consider sharing this information. Being on the SOR does not prevent you from travelling abroad, unless you are also subject to a Sexual Harm Prevention Order that includes a foreign travel restriction. However, while you are on the SOR you must notify the police of any intention to travel abroad.
The police will make a decision about whether they feel it is necessary to inform the country to which you intend to travel about any risks you may pose. For further information about travelling abroad while on the SOR, please see here. If you are currently on licence for a sexual offence and wish to travel abroad, please see here. The purpose of the order is to protect the public from sexual harm by restricting your behaviour.
For example, if you have been convicted of an offence of downloading indecent images of children, your access to the internet, or to devices that connect to the internet, may be restricted. A SHPO can be given to anyone convicted of: A sexual offence listed in Schedule 23 of the Sexual Offences Act Certain non-sexual offences listed in Schedule 5 of the Sexual Offences Act SHPOs may also be given to people in the community who have not necessarily been convicted of a sexual offence, but whose behaviour is deemed by the police to be particularly risky.
Conditions A SHPO can place restrictions on you, including restrictions on travelling abroad or to specific countries , but it cannot enforce that you do certain things, such as attending a sex offender programme.
A SHPO will apply for a minimum five-year period, but can also be set indefinitely. If no specific period is set, the SHPO will apply until you appeal it, until it is discharged or a new order is made. Foreign travel restrictions last for a maximum period of five years. Restrictions placed on you must be necessary and proportionate, and relate to future risk as well as past offending The conditions must be able to be complied with without unreasonable difficulty The conditions should not be such that they are likely to be breached accidentally Provisions should be tailored to your specific offence and circumstances.
Certain blanket prohibitions, for example relating to the use and ownership of mobile phones and computers, have been held by the Court of Appeal to be disproportionate You have the right to appeal against your SHPO, or to apply to vary your order. If you were originally sentenced at the Crown Court, you should make your application to the Court of Appeal.
There are no specific criteria that the court must consider in such applications, but recent cases suggest that if you are applying to discharge your order entirely you must be able to demonstrate a change in circumstances.
If you wish to appeal, vary or discharge your order, it is best to seek legal advice. You may be able to get legal aid, but this is likely to be very difficult. Breach of an SHPO If you fail to comply with any of the conditions of your SHPO, this may result in a criminal conviction carrying a maximum penalty of five years imprisonment.
If you have been given an SHPO as a result of accepting a police caution or upon conviction at court, this will form part of your criminal record and will be disclosed on criminal record checks. While your conviction is unspent , you must disclose it to any employer, education institution or insurance provider that asks you for a criminal record declaration. You do not need to declare it if you are not asked, unless the police or your probation officer require you to declare it.
Once your conviction is spent , you will not need to declare it when applying for insurance and you will not need to declare it when applying for most jobs and most courses, although there are some exceptions. Please see here for further details.
You do not need to have been cautioned or convicted of an offence to be made subject to an SRO, but you may be given one if you have committed an act of a sexual nature and the police consider that you may pose a risk of harm. Conditions An SRO will prevent you from doing whatever is prescribed in the order. The conditions must be necessary to protect the public in the UK — or children or vulnerable adults abroad — from harm.
You will not be placed on the Sex Offenders Register, but you will be required to notify the police of your name and address and notify them of any changes to these details.
An SRO will apply for a minimum two-year period unless the police decide to end it beforehand. If it contains a foreign travel restriction, this will apply for a maximum of five years. Challenging, varying, or discharging an SRO If you wish to appeal against your SRO, or apply to have the conditions varied, you can do so by applying to the relevant court: An SRO is a civil order and does not form part of your criminal record, although the police will retain details of it on the Police National Computer.
As such, there are no specific legal requirements for you to disclose that you are subject to an SRO. This information would not be disclosed on a basic or standard criminal record certificate, but may be included, at the discretion of a Chief Constable on an enhanced Disclosure and Barring Service DBS certificate, if the information is deemed to be relevant to the role for which you have applied. For further information about the disclosure of police intelligence on enhanced DBS certificates, please see here.
Do I need to disclose my offence when applying to college? If your conviction is unspent under the terms of the Rehabilitation of Offenders Act and the college is asking you for a criminal record declaration, you are legally obliged to declare your conviction. If your conviction is spent, you will not need to declare it when applying for most college courses, although there are some exceptions.
For example, if you apply for a health and social care course that will require you to undertake placements, you are likely to be required to declare both spent and unspent convictions which are not eligible to be filtered from DBS certificates. Sexual offences are not eligible to be filtered. If your conviction is spent , but you are still on the Sex Offenders Register i. However, if the police Public Protection Unit feel that there are any risks to the college that will need to be managed, they may require you to disclose or they may make a decision to disclose relevant information.
If you have any concerns about this, it is best to speak to your public protection officer. For further advice about applying to college with a criminal record, please see here.
Do I need to disclose my offence when applying to university? The UCAS application form asks all applicants to declare any unspent convictions. If your conviction is unspent under the terms of the Rehabilitation of Offenders Act , you are legally obliged to declare your conviction when you make your application.
If your conviction is spent, you will not need to declare it when applying through UCAS. However, if you apply for certain courses, for example, a nursing degree , that will require you to complete placements, particularly in health or social care, the universities will ask you for a further declaration of both spent and unspent cautions and convictions which are not eligible to be filtered from DBS certificates.
However, if the police Public Protection Unit feel that there are any risks to the university that will need to be managed, they may require you to disclose or they may make a decision to disclose relevant information. For further advice about applying to university with a criminal record, please see here.
Do I need to disclose my offence to employers? This will depend on: Whether your offence is spent under the terms of the Rehabilitation of Offenders Act The job you are applying for Any restrictions that you are subject to because of your licence or a Sexual Harm Prevention Order This chart explains in more detail whether you need to disclose your offence when applying for employment.
Employment advice for people convicted of sex offences Many employers still have very risk-averse attitudes towards recruiting people with criminal records and these can be amplified for applicants having to declare convictions for sexual offences.
If you feel that you have made multiple applications to no avail, be assured that you are not alone and also be assured that there are employers out there who do employ people with sexual offending histories.
There are some things that you can do to give yourself the best chance of securing work: Find out what you need to disclose It is a common myth that people convicted of sexual offences must always disclose their offences to employers.
This is simply not true. If your offence is spent under the Rehabilitation of Offenders Act and you are applying for a job that is covered by the Act, you will not need to declare your conviction.
Note that the length of time you may be under notification requirements i. If your offence is spent , you do not need to declare it when applying for jobs covered by the ROA just because you are still on the Sex Offenders Register. Think about when and how you make your disclosure During the recruitment process, most employers do ask, at some point, for the disclosure of any unspent convictions as a minimum and so while your conviction is unspent , you need to think of the best way in which you can make this disclosure.
This is something Nacro can help you with. You need to ensure that you provide some context when making your disclosure, explaining the circumstances that led to your conviction, particularly highlighting any mitigating circumstances without letting your mitigation sound like an excuse.
The most important part of your disclosure is explaining how you have addressed the circumstances that led to your offending and how things have changed. The small declaration boxes on application forms do not usually provide the space that allows you to offer this information to the employer.
Many simply ask that you provide details of the date, the offence and the sentence — most of this information is of very little use to the employer when they are trying to make a decision about your suitability for the job. There are a number of ways in which you can respond to the declaration: Whichever option you choose it is still a good idea to prepare a written statement and take it with you to the interview. Interviews are highly pressured situations and it is extremely difficult to try to sell yourself and then have to discuss something which you do not feel so proud of.
If you take a written disclosure along to the interview, you can simply say that you have prepared a written statement and that you are happy to answer any questions they might have. It also reduces the chance of any later disagreement about what was, or was not, said. If you would like to prepare a written disclosure statement, please read our disclosure guide. If you would like an adviser to review a draft of your statement, email it to helpline nacro.
Focus on the positives Remember that the employer should only be asking about your criminal record as part of assessing your suitability for the role. If you are confident that you are able to carry out the required duties and will not pose a risk in the working environment, you need to explain this to the employer.