Government proposals for removal from the Sex Offenders Register following Supreme Court ruling
The Government has today laid a draft proposal setting out the rules they propose to be put in place for considering whether individuals should ever be removed from the Sex Offenders Register. This follows a Supreme Court ruling, which the Home Office unsuccessfully challenged.
The proposal for the draft of The Sexual Offences Act 2003 (Remedial) Order 2011 was laid before both Houses on 14 June 2011.
On 21 April 2010, in the case of R (on the application of F and Angus Aubrey Thompson) v Secretary of State for the Home Department  UKSC 17, the Supreme Court made a declaration of incompatibility under section 4 of the Human Rights Act 1998 in respect of notification requirements for an indefinite period, under Part 2 of the Sexual Offences Act 2003. The Supreme Court specifically found indefinite notification requirements for sex offenders, with no opportunity for review, to be incompatible with Article 8 of the European Convention on Human Rights (ECHR).
The Home Secretary outlined the governmentâs plans to bring forward proposals for responding to the Supreme Court ruling in a statement to the House of Commons on 16 February 2011.