Tuesday, 10 May 2011

Review mechanism for people on the sex offender register



One of our trustees, His Hon John Samuels QC, who was until recently a sentencing judge, has submitted a proposal in a personal capacity to the government as part of the consultation on the green paper, Breaking the Cycle, regarding the creation of a mechanism to enable those who have to register with the police as sex offenders for life to seek a review.

He is suggesting that a cadre of experienced sentencing judges could act as a tribunal for those who properly seek to have the restrictions imposed by the court reviewed.

The Howard League was tangentially involved in the recent Supreme Court judgment concerning the child who had been convicted of a sex offence at the age of 11 and ordered to be placed on the sex offender register for life. We argued, and the Court concurred, that there should be the possibility for this person to apply for a review of whether he continued to represent a sufficient risk to the public to remain on the register throughout his entire life. John Samuels’ suggestion of a tribunal of retired judges who would consider such an application seems a sensible structure for the future. It may be that certain individuals would, following a review, remain on the register, but if after several decades a person no longer represents a risk to the public it seems only fair that a process be put in place so that due consideration can be given to relieving them of the burden.

His proposal also encompasses mechanisms for reviews of sentences of imprisonment for public protection and the Rehabilitation of Offenders Act 1974, both long overdue for revision.

No comments:

Post a Comment