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Sex Offenders Register (SOR)
What people commonly refer to as the Sex Offenders Register is actually part of a much bigger, UK-wide, database called the Violent and Sex Offender Register (ViSOR).
In order to keep this database up to date, people who have a conviction for a sexual offence must provide the police with certain information about their whereabouts. These are called notification requirements and are laid out within the Sexual Offences Act 2003.
These notification requirements have been designed so that they comply with human rights legislation.
Whilst you are subject to these requirements, you are referred to as being on the Sex Offenders Register.
People on the Sex Offenders Register must do the following:
- Within 3 days of their conviction, an offender who becomes subject to the notification requirements must notify the police. They must do this in person and at a prescribed police station.
- They must provide their name, address, date of birth, passport details, credit card and bank details and national insurance number.
- If the offender is in prison on the day that this requirement falls, then they must make this notification within 3 days of their release.
- Such offenders must also notify any subsequent change to these details to the police within 3 days of the change taking place.
- They must also notify the police, within 3 days, if they spend 7 days or more (whether consecutively or within a twelve month period) at an address they have not already notified to the police.
- All offenders must ensure that they re-confirm the notified details listed above at least once every 12 months.
- They must also notify the police at least 7 days before departure or as soon as is reasonably practical, of any intended foreign travel.
These requirements can seem overwhelming at first, and that is why it is important that you take time to understand what is required of you.
An Easy Read version of the notification requirements is available at the top of this page.
How long will I have to stay on the Sex Offenders Register?
The length of time someone has to stay on the Sex Offenders Register will depend on their sentence.
The following information is provided by the Scottish Sentencing Council:
For how long does someone remain subject to the requirements?
Once it has been determined that an offender falls within the notification requirements, the period of time for which the requirements apply depends entirely on the sentence imposed by the court. Beyond that, the court has no discretion over how long the requirements apply for.
The periods of time are set out below, and run from the date of conviction.
Notification period
Prison sentence of 30 months or more (including life) - Indefinite
Order for lifelong restriction - Indefinite
Admission to a hospital subject to a restriction order - Indefinite
Prison sentence of more than 6 months but less than 30 months - 10 years
Prison sentence of 6 months or less - 7 years
Admission to a hospital without a restriction order - 7 years
Community payback order with an offender supervision requirement - The length of the offender supervision requirement
Any other sentence (e.g. a fine or admonition) - 5 years
If the offender is given an absolute discharge, they are not subject to the notification requirements.
When the offender is under 18 on the date of conviction, the notification periods of 10, seven, and five years are halved.
There is no right of appeal against the length of time for which the notification requirements apply. However, if the sentence itself is the subject of a successful appeal, which results in the sentence changing, the notification period is determined by what the sentence is after appeal.
When someone is subject to an ‘indefinite’ notification period, this means that it can apply to them for life. After 15 years (or eight years if the offender was under 18 when convicted), the Chief Constable of Police Scotland must consider whether the offender should continue to be subject to the notification requirements. If it is decided that they should, the offender has a right to apply to a sheriff to have that decision reconsidered.
What happens if I don’t comply with the requirements?
Failure to comply these notification requirements is a serious matter, which results in a number of consequences, as summarised by the Scottish Sentencing Council:
"Failure to comply with any of the notification provisions is an offence. If it is prosecuted under summary procedure the maximum penalty is imprisonment for 12 months, or a fine not exceeding £10,000, or both. If it is prosecuted under solemn procedure the maximum penalty is imprisonment for five years."
The officers who visit me at my house as my lots of things that aren’t part of the Notification Requirements. Where do these extra questions come from?
The police officers that visit you at your house will be from the Sex Offender Policing Unit (SOPU). You will have a SOPU police officer who will be the person ‘responsible’ for managing you in the community.
Please see our page on the Sex Offender Policing Unit (SOPU) for more information on how SOPU operates, what you should expect from SOPU and your human rights.
How will being on the Sex Offenders Register impact my life?
Whilst the requirements may seem overwhelming, it is perfectly possible to live alongside them. Keep a copy of the requirements and refer to them to ensure that you are complying, and remember, whenever there is any change in your life such as address, holiday or name changes, please refer to your requirements and ensure that you advise the police of any changes. If you are unsure as to whether a situation requires notification, it is better to check with police, probation or your ViSOR to avoid any breach of your order.
Being on the Sex Offenders Register does not affect when your conviction will become spent.
Is the Sex Offenders Register public?
Despite the name, there is not a publicly available register of people who have committed sexual offences, although, under certain circumstances, people can apply to find out whether a person has a conviction for a sexual offence. The process is called the Sex Offender Community Disclosure Scheme.
Signposting
The following organisations offer support on this topic.
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