S91. Offences relating to notification
Date Updated: January 2012
Title: Sexual Offences
Offence: Offences relating to notification
Legislation: Sexual Offences Act 2003 S91
Commencement date: 1/05/2004
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty:
- On indictment - 5 years
- Summary Conviction - 6 months imprisonment and/or statutory maximum fine
Aggravating and Mitigating Factors
There are no sentencing guidelines. Some assistance is provided by the magistrates courts guidelines which indicate higher culpability for longer periods of non-compliance, deliberate failure to comply and attempts to avoid detection.
Relevant Sentencing Council Guideline (if any)
None
Relevant Sentencing Case Law
R v Grosvenor [23010] EWCA Crim 560 D 37 with many convictions, 2 for failing to notify. Guilty plea to S91. He had been released from a 12 month sentence for indecent photographs and breach of SOPO. While in custody he had said he would not comply with notification requirements. He did not go to the probation hostel on release, did not notify the police of his address and lived on friends sofas. On arrest he gave a false name but almost immediately gave correct details. He said he did not notify as in the past the police had told neighbours he was a sex offender. HELD: There was no evidence he was a sexual predator 8 months was excessive. The court noted that in cases where D had failed to notify for up to 3 months, the range was 4 - 6 months after trial where there were no aggravating features. The fact D chooses to live rough is not necessarily a mitigating factor.
R v Pike [2004] EWCA 3362 D 44 with over 200 convictions including indecency and 8 for failing to notify. Guilty plea. He was arrested for an offence gave a false name and date of birth and was cautioned. He did the same thing again. HELD The message was not getting through 18 months for failing to notify with 3 months consecutive for perjury.
R v B [2005] Cr App R (S) 65 D 51 extensive convictions one for sexual offence, attempted Rape in 2001. Failed to register on release. Arrested a few days later claimed he had been assaulted on way to register. HELD: It is vital notification requirements are complied with they are here for safety of public and in some cases for protection of offender. HELD 3 months.
R v Bowman 2 Cr App R (S) 40 D pleaded guilty, he was 46 with a poor record. He had been convicted of rape in 1993. He had previously been fined for failing to notify and on another occasion given 28 days. He had been living rough and the court recognised the complexities that can arise where a defendant is of no fixed abode. HELD: Custody was inevitable because of earlier offences and it must be longer than 28 days.
For a longer sentence where defendant had a number of convictions for sexual offences, as regarded as posing a high risk of sexual or physical harm to women and young girls and had failed not only to register but co-operate with probation see Fowkes [2007] EWCA 3206 total sentence of 15 months upheld on plea to three offences of failing to notify.
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