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| Version 3 | Version 4 |
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| Offenders on sex register for life to get appeal right | Offenders on sex register for life to get appeal right |
| (40 minutes later) | |
| Thousands of sex offenders in England and Wales are set to be given the right to appeal against having their names on the sex offenders register for life. | Thousands of sex offenders in England and Wales are set to be given the right to appeal against having their names on the sex offenders register for life. |
| A government source told the BBC it had no choice but to adopt the change following a Supreme Court ruling. | A government source told the BBC it had no choice but to adopt the change following a Supreme Court ruling. |
| It found that not giving offenders the right of appeal was incompatible with their human rights. | It found that not giving offenders the right of appeal was incompatible with their human rights. |
| Under a review system, offenders would have to prove they no longer pose a risk to the public. | Under a review system, offenders would have to prove they no longer pose a risk to the public. |
| Only individuals sentenced to more than 30 months for a sex-related crime are placed on the register for life. There are currently about 20,000 sex offenders in the UK who have received such sentences and they include paedophiles and rapists. | Only individuals sentenced to more than 30 months for a sex-related crime are placed on the register for life. There are currently about 20,000 sex offenders in the UK who have received such sentences and they include paedophiles and rapists. |
| They have to notify the police of their personal details, any change of address and when they travel abroad. | |
| The government source said: "We have no choice but to implement the Supreme Court judgement. There is no right of appeal." | The government source said: "We have no choice but to implement the Supreme Court judgement. There is no right of appeal." |
| Test cases | Test cases |
| The ruling to allow sex offenders the right to have their names removed from the sex offenders register is one of those issues governments dread. | The ruling to allow sex offenders the right to have their names removed from the sex offenders register is one of those issues governments dread. |
| It almost guarantees them sackloads of irate letters and coruscating tabloid headlines. | It almost guarantees them sackloads of irate letters and coruscating tabloid headlines. |
| And yet the inevitable row might not be as painful as ministers fear. | And yet the inevitable row might not be as painful as ministers fear. |
| Firstly, unlike the recent judgement on prisoners' votes, it does not involve the toxic issue of Europe. This was a decision made by Britain's Supreme Court - not the European Court of Human Rights. | Firstly, unlike the recent judgement on prisoners' votes, it does not involve the toxic issue of Europe. This was a decision made by Britain's Supreme Court - not the European Court of Human Rights. |
| Secondly, it's not clear whether any change in the way the register is managed would require primary legislation, avoiding the possibility of a protracted Parliamentary tussle. | Secondly, it's not clear whether any change in the way the register is managed would require primary legislation, avoiding the possibility of a protracted Parliamentary tussle. |
| And lastly the Scottish government has already implemented the change without suffering undue damage. | And lastly the Scottish government has already implemented the change without suffering undue damage. |
| Last year, two convicted sex offenders used human rights laws to challenge the system and won the right to appeal against their inclusion on the register. | |
| The two offenders were a teenager convicted of rape and a 59-year-old man guilty of indecent assault. | The two offenders were a teenager convicted of rape and a 59-year-old man guilty of indecent assault. |
| The teenage boy, known only as F, had been jailed for 30 months in October 2005, aged 11, for raping a six-year-old boy. | The teenage boy, known only as F, had been jailed for 30 months in October 2005, aged 11, for raping a six-year-old boy. |
| The second case involved a man named Angus Aubrey Thompson who was jailed in 1996 for five years. | The second case involved a man named Angus Aubrey Thompson who was jailed in 1996 for five years. |
| Both the offenders said permanent inclusion on the sex offenders register with no chance of a review was a disproportionate interference in their family lives. | Both the offenders said permanent inclusion on the sex offenders register with no chance of a review was a disproportionate interference in their family lives. |
| In the case of F, he said he had been prevented from taking a family holiday abroad and from playing rugby league. | In the case of F, he said he had been prevented from taking a family holiday abroad and from playing rugby league. |
| At the time, Lord Phillips, president of the Supreme Court, said: "It is obvious that there must be some circumstances in which an appropriate tribunal could reliably conclude that the risk of an individual carrying out a further sexual offence can be discounted to the extent that continuance of notification requirements is unjustified." | At the time, Lord Phillips, president of the Supreme Court, said: "It is obvious that there must be some circumstances in which an appropriate tribunal could reliably conclude that the risk of an individual carrying out a further sexual offence can be discounted to the extent that continuance of notification requirements is unjustified." |
| The BBC's political correspondent Gary O'Donoghue said the ruling meant ministers were now "committed to introducing a review process". | The BBC's political correspondent Gary O'Donoghue said the ruling meant ministers were now "committed to introducing a review process". |
| "They were due to bring proposals forward around now to amend the Sexual Offences Act 2003 but government sources have told the BBC an appeal system won't be introduced to Parliament until the spring," he said. | "They were due to bring proposals forward around now to amend the Sexual Offences Act 2003 but government sources have told the BBC an appeal system won't be introduced to Parliament until the spring," he said. |
| He added the move was likely to infuriate backbenchers on both sides of the Commons who last week registered their disapproval over plans to give prisoners the vote in elections following legal decisions based on human rights laws. | He added the move was likely to infuriate backbenchers on both sides of the Commons who last week registered their disapproval over plans to give prisoners the vote in elections following legal decisions based on human rights laws. |
| A Home Office spokesman said a draft order needed to be laid down and the proposals debated in Parliament, but there was no timetable for this at the moment. | |
| Mark Williams-Thomas, a former police officer who worked in child protection, is concerned about the decision particularly in relation to child sex offenders. | Mark Williams-Thomas, a former police officer who worked in child protection, is concerned about the decision particularly in relation to child sex offenders. |
| "These people are like leopards, they don't change their spots," he said. | |
| "These people are very devious. What we will end up with is potentially a very dangerous situation where someone has committed offences in the past and be able to say they haven't committed any new offences and therefore don't present a risk. | |
| "But they are a risk in the same way as an alcoholic is always an alcoholic." | "But they are a risk in the same way as an alcoholic is always an alcoholic." |
| Lyn Costello, of Mothers Against Murder and Aggression, said: "People are up in arms that we're not going to know where paedophiles are. | |
| "I keep saying to people, it only gives them right to apply. Please God, we have sensible judiciary in this country who will say actually no, you're staying on it." | |
| The Scottish government has already brought forward plans to allow convicted adults to seek a review after 15 years on the sex offenders register. | The Scottish government has already brought forward plans to allow convicted adults to seek a review after 15 years on the sex offenders register. |
| Also those placed on the register when under 18 years old can seek a review after eight years. | Also those placed on the register when under 18 years old can seek a review after eight years. |