Frequently Asked Questions

Q: When will the Act be implemented?

A: The act was implemented in May 2004.

Q: What can the Government do to stop dangerous sexual offenders being released from prison to re-offend?

A: The new provisions for the sentencing of dangerous offenders contained within the Criminal Justice Act will ensure that serious sexual or violent offenders are not released until the parole board considers they no longer present a risk to the public and are therefore suitable for release. Those offenders who continue to pose a serious risk of harm to the public may never be released from prison.

Q: How many people are there on the sex offenders register?

A: According to the first MAPPA annual reports there were 18500 registered sex offenders living in the community on 31 March 2002.

Q: Are you going to strengthen the register?

A: Yes. We will be strengthening the register in a number of ways including making all those on the register confirm their details on an annual basis and introducing a new order to make those convicted of sex offences overseas register when they come to the UK.

Q: Why not give the public access to the names of people on the register?

A: Because it would make it more difficult to protect children. We believe that public access to the register drives sex offenders underground. This is the very opposite of what we are trying to achieve, as it would make it more difficult to monitor sex offenders. However, members of the public will soon be recruited to contribute to the strategic management of the MAPPA (Multi-agency public protection arrangements).

Q: Are sex offenders who committed their offences abroad liable to registration?

A: We are proposing a new order to make those convicted of sexual offences abroad, whether they are British citizens or foreign nationals, subject to the same registration requirements if they come to the UK. Once an order is in place the police and other agencies will know where the sex offender is staying and they can put in place arrangements to ensure they do not commit further offences.

The current notification requirements only apply to those convicted of offences in the United Kingdom. An offender who has been convicted of a relevant offence overseas and who comes to the UK and acts in a way that suggests they could commit serious sexual harm can be made subject to a Sex Offender Order. Part of a Sex Offender Order is the requirement to register.

Q: Are you going to stop sex offenders going abroad/take away their passports ?

A: We already have measures in place to deal with sex offenders who travel abroad. Sex offenders who are released from prison on licence are subject to a standard licence condition that they cannot leave the country without the permission of their supervising officer. This is normally only granted in exceptional circumstances. Restrictions can also be imposed as part of a probation order in certain cases

Registered sex offenders are also required to notify the police if they intend to travel abroad for 8 days or more. Although the police cannot stop the offender from travelling they can pass information about the risk the offender poses to other jurisdictions where it is appropriate to do so, for instance, where it would stop the offender from committing an offence overseas.

There are no plans in the Bill to introduce a blanket ban on all sex offenders travelling overseas or to take away their passports.

However, we have listened to the concerns raised about sex offenders who try to go overseas to abuse children. Measures to deal with sex offenders planning to travel overseas to commit offences will be brought in as an amendment to the Bill.

Q: What exactly is the point of your test of reasonableness in relation to consent?

A: The point of the test is to send out a clear signal to the public at large that where there is room for doubt as to whether the person with whom you are about to engage in sexual activity consents to that activity, then you should act reasonably to remove that doubt before continuing.

Q: Is it true that incidents of rape are on the increase?

A: It is true that the number of rapes reported to and recorded by the police is increasing. However, this does not necessarily prove that the situation is worsening. Rape and other sexual offences are to a large extent 'hidden' crimes, as victims often feel unable to talk about their experience. Many do not even tell their family and friends, let alone the police.

We are encouraged by the fact that more victims than ever before are now coming forward and reporting these offences to the police. This sends a strong message that there is a growing intolerance towards rape and sexual offences and this is an important step in tackling the problem.

Q: What is the government doing for victims of rape?

A: The government is committed to providing support to victims of rape. In recent years we have:

• More than doubled the grant to Victim Support;
• Introduced a national telephone helpline for victims (through Victim Support);
• Introduced a support service for victims and witnesses in magistrates' courts (through Victim Support);
• Introduced victim personal statements (in October 2001);
• Improved payments made by the criminal injuries compensation scheme;
• Given victims in serious cases the right to be consulted about the release plans of their offenders;
• Introduced measures to help vulnerable victims better able to give evidence in court;
• Introduced in Parliament the Domestic Violence, Crime and Victims Bill.

We are also currently reviewing the Victim's Charter. A public consultation process took place between February and June this year. Among the possible new measures are the introduction of statutory rights for victims, and the establishment of a Victims' Commissioner champion victims' interests across Government and in the criminal justice system.

With the increased funding under this Government, Victim Support are rolling out their witness support service, already fully implemented in the Crown Court, to all magistrates' courts in England and Wales.

Q: Will you be introducing a separate date rape offence?

A: No. We believe rape is rape and cannot be divided into more or less serious offences. It can be just as traumatic to be raped by someone you know and trust as by a stranger who sexually assaults the first man or woman who passes by.

We note that the Sentencing Advisory Panel also adopted this approach in its recent Guidelines on Sentencing in cases of rape.

Q: Are victims more likely to be raped by someone they know or by a stranger?

A: Victims are most likely to be sexually attacked by someone they know. They are most likely to experience some form of sexual victimisation at the hands of partners or acquaintances.

Q: How do your proposals deal with the appallingly low rate of convictions in rape/sex offence trials?

A: Our proposals will provide a clearer legal framework for juries as they decide on the facts in each case. The clarification and strengthening of the law in relation to consent, which is often the key issue in these cases, should contribute to this greater clarity. They will also send out a clear signal to men that they should not make assumptions about consent, and that their conduct will be scrutinised according to reasonable criteria.

We are also tackling the low rate of conviction by a range of concerted action in addition to improving the legal framework. This includes improving the investigation of rape cases; enhancing the quality of advice, decision making, case preparation and presentation at court; and improving the treatment of victims and witnesses in cases involving allegations of rape.

Q. How will the new offence of meeting a child following sexual grooming actually work in practice?

A: The police may become aware of the contact between the offender and the child by a number of means, for example, reporting by the child, or by concerned parents/teachers. The offence will be complete either when the offender meets the child or when he travels to the pre-arranged meeting with the child with the intent of committing a sexual offence against the child. The planned sexual activity does not have to take place. The evidence of sexual intent may be drawn from the communications between the adult and the child before the meeting or may be drawn from the circumstances e.g. if the adult travels to the meeting with ropes, condoms and lubricants.

Q: How will the new legislation protect those who are more vulnerable to abuse because of a learning disability or mental disorder?

A: Everyone has the right to a private life (and hence a sex life) and we have no wish to interfere with that right. However, society has a duty to protect those who do not have the capacity to consent to sexual activity and those who are, by reason of mental impairment, vulnerable to sexual abuse and exploitation. We intend to introduce measures that are proportionate and fair, that will provide protection whilst avoiding unnecessary interference in the private lives of vulnerable adults.