CIRCULAR SWSG11/97

SWSG Guidance Package Index Ref: G4

Chief Executives

Directors of Social Work

Chief Social Work Officers

Directors of Housing

Directors of Education

COSLA

ADSW

Copy to: Chief Constables

General Managers of Health Boards

Scottish Children’s Reporter Administration

Relevant Voluntary Organisations

Holders of SWSG/SWSI Circulars and Guidance Package

August 1997

Dear Colleague

IMPLEMENTATION OF THE SEX OFFENDERS ACT 1997

IMPLICATIONS FOR LOCAL AUTHORITIES

Summary

The government has decided to implement the Sex Offenders Act 1997 on the 1 September 1997 as one of a number of legislative and policy measures which, when all are put in place, will improve the arrangements for monitoring and supervising sex offenders in the community and enhance public safety. It is Parliament’s intention that the information notified to police under the Act should be used for the prevention of crime and the protection of children and/or vulnerable adults.

In order to put rigorous measures in place to monitor the whereabouts of known sex offenders, guidance is today being issued to police forces throughout the United Kingdom. In view of the need for speedy action, and their important contribution to making the Act work effectively, the government is issuing, with this Circular, interim guidance to local authorities in Scotland about how they should manage information about sex offenders under arrangements set out in Police Circular no 11/1997. A copy of that circular is attached as Appendix A.

The Act and related guidance is designed to complement existing frameworks for sharing and responding to information about risk posed by offenders and assist co-ordination between the agencies concerned. The local authority social work department may need information about the whereabouts of known sex offenders in order to decide whether a child, or group of children or a vulnerable adult, is at risk. Local authority staff supervising sex offenders will require, so far as is practicable, to identify and inform the sex offenders under their supervision, of the requirements of the Act.

The Secretary of State has instructed a review of the arrangements for the supervision of sex offenders in the community. That review is underway and local authorities have made helpful contributions. The first report from the review will be available in October. This guidance will be reviewed thereafter.

The government seeks comment from local authorities on the guidance as it stands, and their early experience of implementation of the Act, so that the interim guidance can be reviewed at an early stage. Written comments should be made to Ms Jackie McRae, Room 39A, James Craig Walk, Edinburgh, EH1 3BA by 1 December 1997.

Contact Point

General enquiries about this Circular, and requests for further copies, should be directed to, Mr John Williamson, Room 32B, James Craig Walk, Edinburgh. Tel: 0131-244-3737.

Yours sincerely

ANGUS SKINNER

Chief Social Work Inspector

IMPLEMENTATION OF THE SEX OFFENDERS ACT 1997

IMPLICATIONS FOR LOCAL AUTHORITIES

Enclosure to Circular Number SWSG11/97

IMPLEMENTATION OF THE SEX OFFENDERS ACT 1997

IMPLICATIONS FOR LOCAL AUTHORITIES

1. The Sex Offenders Act 1997 will come into force on 1 September 1997. Part I of the Act requires persons convicted of specified sexual offences to notify the police of their name(s), home address and date of birth, and any subsequent changes to these details. To help identification the offender must also provide his name and address at the time of his conviction. He must notify the police in his home area of any premises where he stays for a period of 14 days or more, or two or more periods, in any period of twelve months which, taken together, amount to 14 days or more. If the offender has no fixed abode or is homeless he should give the police details of a place which he visits regularly and where he may be contacted.

2. Failure to notify the police of these details (or giving false information) is an offence punishable on summary conviction by a fine and/or imprisonment for up to six months. The period of time for which notification requirements apply will depend on the sentence imposed and the age of the offender, but in certain cases will apply for life. For offenders under 18 when convicted the notification periods are halved and offenders under 18 years of age cannot be imprisoned for failure to notify the police. The court may impose the notification requirement under the Act on a person who has parental responsibilities for an offender under 18 years.

3. The purpose of the notification requirements in Part I of the Act is to ensure that information about sex offenders held by the police is kept fully up to date, so that the police and other agencies can effectively carry out their responsibilities to prevent crime and protect vulnerable members of the community and other members of the public.

4. Section 8 of the Act gives Scottish Courts jurisdiction to deal with persons who commit certain listed sexual offences, primarily involving children, outside the United Kingdom. Such persons must be British citizens or resident in the United Kingdom. The offences must be offences under the law of the other country. (Section 7 of the Act has a similar provision conferring similar powers on the Courts of England and Wales.).

Offenders who will be required to notify information to the police

5. Those who will be affected by the notification requirements will be :-

(a) persons who, on or after 1 September 1997, are convicted of a specified offence, or have been found not guilty of such an offence by reason of insanity, or to be under a disability and to have done the act charged against him or her in respect of such an offence;

(b) those who, at 1 September 1997, have been convicted of a specified offence but have not been dealt with in respect of that offence or have been found not guilty of such an offence by reason of insanity, or to be under a disability and to have done the act charged against him or her in respect of such an offence, but have not been dealt with in respect of that finding;

(c) those who are at the beginning of 1 September 1997 -

(i) serving a custodial sentence in respect of a specified offence;

(ii) subject to a probation order, a community service order or a supervised attendance order (or equivalent under the Armed Forces legislation) in respect of a specified offence;

(iii) subject to supervision by virtue of an order for that purpose or under a

licence following release from prison from a sentence of imprisonment in respect of a specified offence;

(iv) detained in a hospital under section 69 or 71 of the Mental Health

(Scotland) Act 1984 or Part VI of the Criminal Procedure

(Scotland) Act 1995 or subject to guardianship order under section 58 of the Criminal Procedure (Scotland) Act 1995 following conviction for a specified offence;

(v) detained in a hospital under Part VI of the Criminal Procedure

(Scotland) Act 1995 by virtue of a finding of having been found not

guilty of a specified offence by reason of insanity or having been found to have done the act charged in respect of a specified offence but unfit

for trial.

6. The sexual offences under Scots law covered are specified in Schedule 1, paragraph 2 of the Act. A copy of the Schedule and a further note describing the qualifications which will apply to the relevant specified offences are attached at Annexes A and B to Police Circular 12/97. A copy of that circular is attached to this guidance as Appendix A. A person resident in Scotland may be subject to the requirements of the Act by virtue of conviction of an offence in England and Wales or in Northern Ireland.

7. Notification periods start from the date of sentencing or, in cases of mentally disordered persons, the date of finding that the person committed the offence with which he or she was charged. The notification requirement includes those already subject to community supervision, post-release supervision, temporary release or those subject to a hospital order if their current offence is specified in the Act as carrying a notification requirement. The requirement to register in respect of some offences may depend on the age of the victim, the age of the offender and the length of the sentence. For sentences passed from 1st September onwards, the convicting court will notify the police that an offender is subject to the notification requirement (separate guidance will be issued to the courts). This will allow the police to update information held on computer rapidly.

Notification periods

1.1

The local authority contribution to reducing risk posed by sex offenders

9. Local authorities have statutory responsibilities for supervising those convicted offenders who are subject to community based sentences, such as probation, or who are subject to statutory supervision on release from prison. This will include certain sex offenders. They also have a statutory responsibility to provide advice, guidance and assistance to people who, within twelve months of release from custody, ask for this. Arising out of these responsibilities social work criminal justice services will already hold information about some offenders who are subject to notification requirements under the Act.

10. Circular SWSG 11/94 sets out the procedures to be followed when prisoners convicted of offences against children are released from custody, describes the expectation that social workers in prisons and local authority criminal justice services assess the risk posed by such offenders and attempt to engage them in programmes to tackle and change their offending behaviour, and requires local authority social work departments to consider any implications for the protection of children arising from the release of convicted offenders. Prison social work units must inform the relevant social work departments of the release of a prisoner convicted of offences against children at least four months before his or her release date. The local authority social work department must then make inquiries about the circumstances into which the prisoner will be released to find out whether any children may be exposed to risk, and take steps necessary to reduce that risk.

11. Local authorities also have general responsibilities to protect and promote the welfare of children in their areas under the Children (Scotland) Act 1995, and to promote social welfare under the Social Work (Scotland) Act 1968. Inter-agency guidance on child protection sets out the responsibilities of local authorities, through social work services, to make inquiries, to take action to protect a child who may be at risk of suffering harm or in need of compulsory measures of supervision, and provide help and services to promote welfare. Local authorities are regarded as corporate entities discharging the functions of social work, education, housing, leisure as they affect children and vulnerable adults. Local authority social work departments, the police and the Reporter have duties to investigate the cases of children who may be at risk from a known sex offender. Other agencies, including health services, other local authorities and any person authorised by the Secretary of State, may be required to assist the local authority in carrying out any of their functions under the Children (Scotland) Act 1995.

Local authorities’ responsibilities in respect of offenders on post-release supervision or community-based sentences imposed before 1st September 1997

12. Sex offenders to whom the Act applies, who are currently serving sentences in the community or who have been released from prison or hospital under statutory supervision may be required to register with the police under the Act. Offenders convicted of a relevant offence must register notification information with the police within 14 days of the Act’s implementation on 1st September 1997. Criminal justice services should make arrangements to identify, as far as practicable, all sex offenders whom they supervise who have been convicted of a notifiable offence as listed at Annex B of Police Circular 12/97. It is an offender’s responsibility to register with the police. Where there is any doubt about an offender’s status the offender should seek legal advice. Determining whether an offender is subject to the notification requirements under the Act is not necessarily straightforward and supervising officers should be clear that they cannot give authoritative advice about registration. They should inform the offender of the requirements to register under the Act verbally and in writing using the form attached as Appendix B. A copy of the completed form should be sent to the police liaison officer designated in local arrangements to receive this information, and a copy should be kept on the offender’s case record.

13. Many offenders are likely to be unaware of their need to register under the Act and supervising officers should make efforts to help offenders comply with the law. If planned appointments make it unlikely that the offender will be informed in sufficient time to meet their requirement to register with the police within 14 days of the Act’s commencement, they may ask the offender to attend an appointment specifically for the purpose of informing the offender of the Act and it’s requirements.

14. The supervising officer should assist offenders who have problems which make it likely that they will find the requirement to register more difficult. For example an offender with a learning disability may need help to understand the Act or remember to notify changes of address. Where necessary the supervising officer should help the offender write to the police or accompany him to the police station.

Offenders subject to community-based supervision who have failed to keep in contact or whose whereabouts are unknown

15. If an offender has failed to keep in contact or he cannot be located, the supervising officer should send information about the Act and the requirement to register with the police to the offender’s last known address. The supervising officer should inform the police in writing that the offender appears to be subject to the requirement to notify information to the police, provide details of his name, date of birth and his last known address and confirm that information about the requirement to register has been sent to the offender’s last known address.

Offenders serving prison sentences or detained under a hospital order

16. The prison service and hospital managers will make arrangements to inform relevant offenders, currently imprisoned or detained, of their requirement to register, on release, with the police in the area where they will reside. Persons released under the supervision of a local authority should therefore already be aware of their obligations. Nevertheless, as far as practicable, the local authority should identify registerable offenders when they are released and find out whether the offender knows about the requirement to register. If the local authority is in any doubt about whether an offender knows about the requirements imposed by this Act they should give him or her a copy of the form attached as Appendix B and advise the offender to seek legal advice about whether the requirements apply to them.

Young offenders

17. When a child is convicted of a sexual offence he or she may be sent to a place decided by the Secretary of State (section 208 of the Criminal Procedure (Scotland) Act 1995). This will usually be secure accommodation. The Scottish Office will provide guidance for persons in charge of such accommodation on the procedures which should be followed in order to assist young offenders to comply with the requirements of this Act.

Offenders sentenced on or after 1st September 1997

18. From 1st September 1997 the Court, at the time of sentencing, will give an offender convicted of a relevant offence a certificate informing him of the requirement, under this Act, to give information to the police. A copy of this certificate will be sent to the local authority and, if the offender is sentenced to custody, the prison. The local authority does not have to issue information about the notification requirement to an offender if he has been given a certificate by the Court. When supervising any offender the local authority supervising officer should make sure that he or she knows whether the offender is subject to a notification requirement under the Act.

Police disclosure of notification information to local authorities and others

19. Parliament’s intention is that the information notified to police under the Act should be used for the prevention of crime and the protection of children and/or vulnerable adults. The local authority social work service may need information about the whereabouts of known sex offenders in order to decide whether a child, or group of children or a vulnerable adult, is at risk. Local authorities should agree arrangements with their local police forces about when, and to whom in the social work service, the police should give information notified to them under this Act. Such information will include personal and confidential details about the offender and the nominated officer in the authority who receives the information must keep it securely, and strictly confidential. Any reference to an offender being subject to the notification requirements of the Sex Offenders Act 1997 should be amended when that requirement ceases.

Action to be taken by the local authority on receipt of notification information from the police

20. When the local authority receives information from the police about a sex offender in their area they should collate available information to try to identify the likely level of risk which the offender may present to previous or potential victims, and thereafter take appropriate steps to reduce risk to children, or other vulnerable people in the area. The local authority should check whether the offender is known to local criminal justice services, whether he is under the supervision of a social worker, and whether there is any information about him held by any other social work services with whom he may have been in contact. For example if the offender suffers from a mental illness or disability he may be receiving community care services; if he has been convicted of an offence against his own or other local children or he has been a party in previous child protection inquiries, the local authority may have access to additional information about him held by children and families’ social workers.

21. When the local authority social work service has collated all relevant information from the police and social work records they should decide whether they need to take any action to further assess or reduce the risk presented by the offender. They may need to seek information from other departments or agencies without jeopardising confidentiality. The local authority should not normally disclose personal information about offenders to staff outside the social work service unless they believe serious harm might result from not sharing information about the risk the offender poses. In such cases information may be shared with specified staff on a ‘restricted’ basis. If the local authority decide that, in a particular case, it is necessary to share information with staff outside the social work service, the basis for this decision should be carefully recorded. Any disclosure should be limited to such information as is necessary to reduce the identified risk and may mean not divulging the person’s full details including their name. Where the social work service, in consultation with the police, decide that the offender is likely to pose a serious risk to others in the area they may decide to hold an inter-departmental meeting to plan what action is necessary. The local authority should be aware that by attempting to reduce the risk an offender poses in one area they may put other people in another area at greater risk, and should consider the sum of the potential effects of any decisions they may take, before choosing a particular course of action.

22. If the local authority’s inquiries indicate that a particular child is likely to be placed at risk by the offender, and may, therefore, be in need of compulsory measures of supervision, they should give the Children’s Reporter all information they have been able to obtain. The Reporter may decide to refer the case for consideration by a children’s hearing. If the authority believe or have reasonable grounds to suspect that the child is at risk of significant harm they may apply to a Sheriff for a child protection order or child assessment order to protect the child, by removing or retaining him or her in a place of safety, or to assess the child’s need for protection . The Sheriff may attach a direction to a child protection order or child assessment order concerning the offender’s contact with the child. The local authority may apply for an order excluding the offender from the child’s home if he is resident or regularly visiting there, and the Sheriff may attach conditions to the exclusion order placing restrictions on the offender’s behaviour or movements. More detailed advice to local authorities about their responsibilities and powers for protecting and promoting the welfare of children under the Children (Scotland) Act 1995 is contained in Volume 1 of The Scottish Office Guidance issued for the implementation of that Act - Support and protection for Children and their Families.

23. It will not be possible to remove risk entirely. The local authority, the police and other local agencies concerned with the protection of children and the supervision and management of offenders, should consider, in partnership with local Child Protection Committees (CPCs), the development of forums in which expertise might be shared, and strategies for monitoring and addressing both the risk posed by known sex offenders and that posed by unidentified offenders or abusers might be considered. This forum should provide opportunities for local agencies to become aware of policies and national guidance to the police, health and social work agencies on confidentiality of personal information, and when the protection of children or vulnerable people overrides considerations of client confidentiality. Scottish Office officials regularly meet with the chairs of CPCs and will consult with them about their potential contribution to such forums in October 1997.

Responsibilities of the police when making information available to people other than the local authority social work department

24. In exceptional circumstances the police may decide that an offender presents so great a risk that they should make notification information available to other agencies and specified persons, in addition to the social work service, preserving confidentiality as far as reasonably possible. In all cases, the police must fully assess potential risk in consultation with the social work service and any other relevant statutory agencies, such as the children’s Reporter, before deciding to disclose notification information. They should take into account the following factors:

• the nature and pattern of the offender’s previous offending;

• his compliance with previous sentences or court orders;

• any predatory behaviour which may indicate a likelihood that he will re-offend;

• the probability that a further offence will be committed;

• the likely harm such behaviour would cause;

• the extent to which potential victims, such as children, are vulnerable;

• the potential consequences of disclosure to the offender and their family; and

• the potential consequences of the disclosure for other aspects of law and order.

25. The police will consider all alternatives to disclosure to a third party before making a decision to do so. They may consider giving the offender a warning about areas to avoid, for example if he has been observed loitering near a school. When an offender is subject to statutory supervision, because he is serving a community sentence, such as a probation order, or he has been released from prison or detention in hospital, the police should also discuss with the local authority criminal justice service whether they might use any powers they have to reduce the risk posed by the offender and therefore prevent the need to disclose information to a third party. The supervising officer may talk with the offender about ways of reducing any perceived risk. If an offender appears to be behaving in a way which increases the likelihood that he may reoffend, the supervising officer may consider the use of breach proceedings or recommend revocation of license. The social work service may be required to exercise statutory responsibilities to support or protect children and vulnerable adults and this may also affect any decision of the police to disclose information.

26. Where the police decide that it is necessary to inform a third party of notification information they will keep a record of the circumstances and grounds for this decision. Unless there is good reason for immediate action, police forces are likely to bring the matter to the attention of the local authority first. The police will provide notification information only to an identified individual, or individuals directly affected by the risk of harm such as a previous victim or victim’s family or an offender’s new partner, or with responsibilities towards others for the prevention of harm, such as a headteacher or playgroup leader. A police officer will disclose information in person and such information should be limited to that necessary to minimise perceived risk. The disclosure will be confirmed in writing and the police officer will ensure that the individual is aware that the information should not be disclosed further.

27. When disclosing information, the police will offer advice and guidance on how the third party should respond to the information in order to protect a specific person or people generally, and to restrict the use and prevent the spread of any information disclosed. The police will identify a contact person for the person to provide further guidance and advice where necessary. The local authority may be required to provide advice about how to protect children or other vulnerable people, and assistance to a third party who has received notification information.

The Data Protection Act 1984

28. Where personal data is computerised, the Data Protection Act 1984 applies. The 1984 Act requires that data users register with the Data Protection Registrar, among other things, a description of the purposes for which the data are to be held and the categories of people or organisations to whom the data will or may be disclosed. Disclosure of data outside the terms of the register can be a criminal offence.

29. A data user must also comply with the data protection principles. There are exemptions which will allow disclosure outside the terms of the register entry or in breach of any data protection principle relevant to the disclosure, where failure to disclose would be likely to be prejudice the prevention or detection of crime or where disclosure is urgently required to prevent injury or other damage to the health of any person. These exemptions apply on a case by case basis: The particular circumstances must be shown to justify the action taken.

Points for action

30. Local authorities should take the following steps:

(i) agree arrangements with local police forces for sharing and considering information about sex offenders notified to the police under the Act;

(ii) make staff supervising offenders and staff likely to be involved in managing and responding to information from the police aware of this guidance;

(iii) provide for effective planning to reduce risk posed by known offenders through existing mechanisms or by amending these to take account of referrals of notification information from the police; and

(iv) the local authority should consider creating a local forum, with the police and other relevant agencies to think about the risk posed by sex offenders and strategies for managing risk and enhancing public safety;

(v) the local authority should ensure that they are registered with the Data Protection Registrar for entering and disclosing protected data for the purposes of complying with the guidance stated in this circular.

HD Circular No 12/1997 2154

Chief Constables

Chief Executives of

Dumfries & Galloway Council

and Fife Council

Clerks to the Joint Police Boards

8 August 1997

SEX OFFENDERS ACT 1997 GUIDANCE ON IMPLEMENTATION

Summary

1. This circular offers advice on the provisions of the Sex Offenders Act 1997, which will be brought into force simultaneously in England & Wales, Scotland and Northern Ireland on 1 September 1997.

2. The Act is divided into two parts, which are explained in more detail below. Part I of the Act will impose a requirement on certain sex offenders during a specified period (which may be for life) to notify the police of their name(s), home address and date of birth, and any subsequent changes to these details. This will ensure that the information on sex offenders held by the police will be fully up to date. In Part II of the Act, section 8, by amending the Criminal Law (Consolidation) (Scotland) Act 1995, will also give United Kingdom jurisdiction to deal with those who commit certain sexual acts against children abroad. Management of the information collected under Part I of the Act will be the subject of a separate circular.

PART I

3. Section 1 of, and paragraph 2 of Schedule 1 to the Act specify offences in Scotland which Part I applies and those who are subject to the notification requirements.

The Scottish offences are specified in paragraph 2 of Schedule 1 (a copy of Schedule 1 is attached at Annex A). A further note detailing the qualifications which will apply to each of the Scottish offences is also attached for ease of reference at Part 1 of Annex B.

Those who become subject to the notification requirements fall into three categories:-

(a) offenders who commit relevant offences after commencement;

(b) offenders who have committed offences before commencement but who, at commencement, have not been dealt with by the Court; and

(c) past offenders who, at commencement, are still subject to the disposal made by the Court.

Part 2 of Annex B defines more precisely the persons falling within these categories.

4. The duration of the notification requirements as prescribed in section 1(4) as read with section 1(5), (6) and (8) will depend on the length of sentence or disposal, as set out below:-

These notification periods apply to offenders over the age of 18. Paragraph 10 sets out the provisions for offenders under the age of 18.

5. Notification periods start from the date of conviction or the date of finding, in cases of mentally disordered persons, that the person did the act charged. The police will be notified on conviction that an offender is subject to the notification requirement (separate guidance will be issued to the courts on this). This will allow for rapid updating of the police computer. When sentencing is adjourned or deferred, the police should still be notified on conviction, even though the exact registration period will not be known. The minimum 5 year period will be taken as applying until sentence is passed, when the police will be notified (by issue of a further form of notice/certification by the court) of any increase in the period.

6. There will be instances where a person will be required to notify the police where he is resident in Scotland, having committed a relevant offence in England, Wales or Northern Ireland or under service law (as specified in paragraphs 1, 3 or 4 of Schedule 1 of the Act (Annex A refers). Paragraphs 1(2) and (3) provide an explanation of exceptions/qualifications relating to these offences). The procedure in respect of the notification requirements under these circumstances should be the same as if the offence had been committed in Scotland.

7. Section 1(6) of the Act explains the method of calculating the registration period in respect of consecutive or concurrent sentences. In the case of consecutive terms for two or more qualifying offences, the term shall be the aggregate of those terms. In the case of concurrent qualifying terms it shall be the aggregate of these terms less any deduction necessary to ensure that no period is counted more than once.

8. Section 2 sets out the details which the offenders must notify to the police. These are his name, any other names used, and his home address. Should these details change (for example, by moving address or assuming an alias), the offender must notify the police of the new details. Section 2(7) defines what is meant by "home address". He must also, in order to assist in identification, provide his date of birth, and his name and address at the time of his conviction. He must notify the police in his home area of any premises where he stays for a period of 14 days or more, or two or more periods, in any period of twelve months which, taken together, amount to 14 days or more. Not included for the purposes of determining this period are times when the offender is: remanded in or committed to custody by an order of court; serving a sentence of imprisonment or a form of service detention; detained in hospital; or outside the United Kingdom. Notification can either be made in person or in writing to a police station in the local police area in which his home address is situated. All notifications must be acknowledged in writing by the police.

9. Section 3 makes failure to notify (or false notification) an offence punishable on summary conviction by a fine not exceeding Level 5 on the standard scale and/or imprisonment for up to six months.

10. Section 4 contains provisions for young offenders. For those under 18 when convicted, the notification periods of 10, 7 and 5 years are halved. So, for example, an offender under 18 who is sentenced to 6 months detention in a young offender institution would be subject to the notification requirements for 3½ years. Offenders under 18 years of age cannot be imprisoned for failure to notify the police. Section 4(3) of the Act states that, for offenders under 18, the court may impose the requirement to notify the police under the Act on the person having parental responsibilities for him or her.

11. Section 5(2) makes provision for the issue by a court of a certificate where a person is convicted of a Schedule 1 offence or is found not guilty by reason of insanity or unfit to plead to such an offence but to have done the act as charged against him. The certificate will be evidence that an offender was convicted etc. of a relevant offence on that date. A certificate and notice of requirement to notify the police will be issued by the courts to offenders. Section 5(3) to (5) does not apply to Scotland.

12. Section 6 Section 6 defines the terms used in Part I of the Act. It should be noted that the definition of coviction also covers an offender who, although found guilty in summary proceedings of having committed a specified offence, has received an absolute discharge under section 246(3) of the Criminal Procedure (Scotland) Act 1995, and where the court has determined that the offender has committed the act or omission with which he has been charged,but he is subject to a hospital or guardianship Order.

Further Information

13. Specific information and guidance will be issued in due course to the agencies affected as follows:

PART II

14. Section 7 makes specific provision for England and Wales and Northern Ireland, on which a separate circular will be issued by the Home Office.

15. Section 8 inserts a new section 16B in the Criminal Law (Consolidation) (Scotland) Act 1995. The effect of this is to provide that a person who does an act which is an offence under the law in force in a country or territory outside the United Kingdom (however that act is described in that law) and which is also a listed sexual offence as defined in subsections 8(7) and (8) of section 16B shall constitute that sexual offence under the law of Scotland. These provisions only apply to persons who are on the date of commencement, or have subsequently become, British citizens or resident in the United Kingdom.

16. In any prosecution under the Act, it will be deemed that the "dual criminality" test (that is to say, the fact that the act is an offence both in the United Kingdom and in the country where it occurs) is satisfied unless the accused serves on the prosecutor a notice showing grounds for his opinion that it is not, in which case it will be for the prosecutor to prove that it is satisfied. The court has discretion to permit the defence to require the prosecutor to prove that the condition is satisfied without the prior service of a notice. In proceedings on indictment, it will be for the judge to decide whether the dual criminality test is satisfied.

PART III

17. Section 9 provides for the extension of Part I of the Act to the Channel Islands.

18. Section 10 provides that nothing in sections 7 or 8 applies to any act done before the coming into force of that section.

DUNCAN MACNIVEN

APPENDIX B

SOCIAL WORK SERVICES

NOTICE OF REQUIREMENT TO REGISTER WITH THE POLICE

SEX OFFENDERS ACT 1997

This notice contains a summary of the registration requirements you must comply with. It is not a complete statement of the law. If you need further explanation or advice you should consult a solicitor.

To the person named below. SCRO number .........................

You may be subject to a community sentence or subject to supervision having been released from prison after serving the whole or part of a sentence of imprisonment in respect of a sexual offence to which the Sex Offender Act 1997 applies. Details are set out on the certificate at the end of this form.

If you have been convicted of a sexual offence to which the Sex Offender Act 1997 applies you will be required by law to:-

0 Notify the Police within the next 14 days of your name; any other names you use; your date of birth and your home address (ie your sole or main residence in the UK or, if you have no such residence, any premises in the UK which you regularly visit.)

0 Notify the Police of any change of name or home address within 14 days of the date of any change.

0 Notify the Police of any address where you reside or stay longer than 14 days. This means either 14 days at a time, or a total of 14 days in any 12 month period.

You can give this notification either by going to your local police station and giving it in person or by sending the local police station notification in writing. This applies even if you are already registered as a result of an earlier requirement.

If you fail to comply with the requirements of the Sex Offenders Act 1997 without a reasonable excuse, or give the Police false information, you could be fined or sent to prison for up to 6 months or both.

CERTIFICATE OF NOTICE OF REQUIREMENTS

I hereby certify that I have given a copy of this notice to the person named above on .........................

Signature......................................SOCIAL WORKER

(Office address)

...............................

Defendant’s signature ..................................

Copy to Defendant/Police/file

APPENDIX C

Further Information

Specific information and guidance has been issued to the agencies affected as follows: