Failing to comply with reporting conditions on the Sex Offender Registry is a quite commonly charged offence at present.
When a person goes in to do their yearly report and they tell the Police that they changed address or mobile phone number they are then given a charge for failing to comply with the Sex Offender Registry.
They are often charges that should not be laid as they are trifling. However the fact someone is on the Registry and the offences they were placed on it for rather that what they have now done seem to influence the discretion about prosecuting.
There is not clear guidance at this stage from the higher Courts about the penalties for these offences and the tarrifs in the Magistrates’ Court are unsettled.
The real problem with these charges is that a person who has been previously convicted of sex offences is not given a chance to move on with their life after serving their sentence on the original offences. They are charged in situations that sometimes defy belief. Part of one of our client’s charges related to getting rid of a mobile phone and not telling the Police (in circumstances that he was returning it to his parole officer).
The defence to these charges can be around what the person was told about their requirements and issues of fact.
Discuss this charge with a specialist criminal lawyer before deciding how to proceed with your Court case.
This offence is governed by s46 of the Sex Offenders Registration Act.
Further information on Sex Offender Registry – Failing to comply with reporting conditions
In a case of Sex Offender Registry – Failing to comply with reporting conditions, the following defences may be applicable to the charge:
- Reasonable Excuse
- Honest and Reasonable Mistake of Belief
- Factual Dispute and Concept of Beyond Reasonable Doubt
What penalties can be imposed for a charge of Sex Offender Registry – Failing to comply with reporting conditions?
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Sex Offender Registry – Failing to comply with reporting conditions?
The legislation for this offence can be found on section 46 of Sex Offenders Registration Act 2004.
Case studies for the charge of Sex Offender Registry – Failing to comply with reporting conditions:
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Need further legal advice on this charge?
Contact one of our barristers specialising in cases of Sex Offender Registry – Failing to Comply With Reporting Conditions, Bill Doogue.