Keeping Track of Sex Offenders — Part I of the Sex Offenders Act 1997
| Author | Cathy Cobley |
| Date | 01 September 1997 |
| Published date | 01 September 1997 |
| DOI | http://doi.org/10.1111/1468-2230.00108 |
LEGISLATION
Keeping Track of Sex Offenders — Part I of the Sex
Offenders Act 1997
Cathy Cobley*
The background
In recent years, as part of a concerted effort to improve arrangements for the
protection of children, there has been a renewed interest in the proposal to establish
what has commonly been referred to as a ‘paedophile register’ — a comprehensive
list of all those convicted (and, possibly, those suspected) of sexual offences
against children. The idea of compiling such a list is not new. In fact there are
already six such national lists in existence,
1
as well as lists held by voluntary
bodies such as the Scout Association and the National Society for the Prevention of
Cruelty to Children. Attempts by private members’ Bills to introduce a national
register failed,
2
but in June 1996 the Home Office issued a consultation document
on the Sentencing and Supervision of Sex offenders
3
which included a proposal
that convicted sex offenders should be required to notify the police of any change
of address. The response was enthusiastic, with 87 per cent of those responding
supporting the proposal.
4
However, in October 1996 the then Home Secretary,
Michael Howard, took the view that there was insufficient time to pass the required
legislation prior to the next general election and the proposal did not appear in the
Queen’s speech.
5
There followed what has been described as ‘one of the fastest U-
turns in political history’
6
when, following a pledge of support from the Leader of
the Opposition, the Prime Minister accepted the case for Government action and
the Sex Offenders Bill was published on 18 December 1996. Part I of the Bill
included the requirement for sex offenders to inform the police of any changes of
address. The Bill received royal assent on 21 March 1997 and part I of the Act was
brought into force on 1 September 1997.
The Act was seen by the Government as part of its overall strategy for protecting
the public against sex offenders. The strategy includes Part II of the Act, which
makes it an offence for United Kingdom residents to commit sexual offences against
children abroad, the Crime (Sentences) Act 1997, which provides for automatic life
sentences for those convicted of a second time of a serious sexoffence, the Protection
from Harassment Act 1997, which deals with the so-called ‘stalking’ cases, the
The Modern Law Review Limited 1997 (MLR 60:5, September). Published by Blackwell Publishers,
108 Cowley Road, Oxford OX4 1JF and 350 Main Street, Malden, MA 02148, USA.690
* Cardiff Law School.
1 The police national computer list, the national identification service list, the National Criminal
Intelligence Service list, Scotland Yard’s national paedophile index list, ‘list 99’ of the Department
for Education and Employment and the Department of Health consultancy index list: HC Deb vol 289
col 49 27 January 1997.
2 The Sexual Offences against Children (Register of Offenders) Bill 27 February 1996 and Paedophiles
(Registration and Miscellaneous Provisions) Bill 12 June 1996.
3 Cm 3304, London: HMSO.
4 HC Deb vol 284 written answers col 14 25 October 1996.
5 The Times 22 October 1996.
6 HC Deb vol 289 col 34 27 January 1997.
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