Thursday, 22 April 2010
Reviewing Sex Offender Notification Requirements: Supreme Court decision
Sexual Offences Act 2003 s.82, a person sentenced to 30 months imprisonment or more for a sexual offence has a lifelong "notification requirement". In R (on the application of F) v Home Secretary  UKSC 17, the Supreme Court has issued a declaration of incompatibility, finding this to be a breach of the person's rights under Article 8 of the European Convention on Human Rights. The court considered that there ought to be a process for the notification requirement to be reviewed if a person is able to show that they are no longer a risk. Under the scheme of the Human Rights Act 1998, it is now for Ministers/Parliament to determine whether to amend the law.