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Sex Offenders Register - Is the indefinite period of a notification requirement a breach of your human rights?

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Since the imposition of the Sexual Offences Act 2003 the notification requirements have changed.  If you are sentenced to life imprisonment or a prison sentence of 30 months or over for a relevant offence you will automatically be placed on the Sex Offenders Register for an indefinite period – in other words for the rest of your life. This applies to both adults and children alike.

This automatic measure was imposed without the right to review.  This meant that once the order was made you would have no grounds on which to review this order should you feel the imposition was no longer necessary in your case.  This has been of some concern especially in relation to younger offenders.

The argument posed and now recognised is that the denial of a right to review this measure is an infringement of human rights under article 8 of the Human Rights Act – the right to respect for private and family life, your home and your correspondence. This was confirmed by the Supreme Court. http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2009_0144_Judgment.pdf

As specialists in criminal law and experts in taking appeals we are able to assist with any enquiries you may have in relation to life time notification requirements and possible reviews of these.

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