Sex offenders on register for life win chance for review

A landmark ruling by the Supreme Court could see sex offenders challenging their indefinite inclusion on the sex offenders register.

The court backed the case of two sex offenders who were challenging their indefinite inclusion on the sex offenders register. Without having the chance to prove reform and be considered for removal from the register, the men claimed the lifetime inclusion breached their human rights.

One of the men, known only as ‘F’ was just 11 when he raped a boy aged six, but argued that being on the register had prevented him from taking his family abroad on holiday or playing rugby league.

The second man, Angus Aubrey Thompson, now aged 59, was jailed for five years for indecent assault 14 years ago.

Current legislation says that any sex offender sentenced to a prison term of at least 30 months is placed on the register for life and has a duty to keep the police informed of any change of address or travel abroad.

On the latest available figures, up to April 2009, there are more than 44,700 people on the sex offenders register for England and Wales.

The supreme court decision, published last week, follows a challenge by the home secretary against an earlier court of appeal ruling that the lack of any review was incompatible with the European convention on human rights, in particular the right to respect for private and family life.

Lord Phillips, the supreme court president, said: “It is obvious that there must be some circumstances in which an appropriate tribunal could reliably conclude that the risk of an individual carrying out a further sexual offence can be discounted to the extent that continuance of notification requirements is unjustified.”

The judges did not rule the sex offenders register itself illegal and said that it was entirely lawful to monitor someone for life if they were believed to be a danger to society. But the judges rejected the home secretary`s appeal, saying there was no evidence to show it was impossible to identify which sex offenders had reformed. Home Office research submitted during the case showed that 75 per cent of sex offenders who were monitored over a 21-year period were not reconvicted of any offence.

Mike Pemberton, the solicitor for F, said his client wanted a fair chance to show that he had reformed.

“This case is important because it considers the right of a child to mature and develop. At present, any child who commits an offence of this type is labelled for life with no consideration being given to the effect of growing older and learning important lessons from previous mistakes.” He said the men were not arguing to be automatically removed from the register, only for a chance for the risk they now posed to be reviewed.

The Supreme Court ruling means that the incoming government will need to address the law and introduce a stage for individuals to be reviewed.