Can The Police Disclose My Conviction For Child Sex Offences?
If you have been accused or convicted of a sexual offence against a child there are understandably several concerns you may have, one of which is whether your alleged offences will be made public, or disclosed to family and friends.
At Eventum Legal we specialise in representing individuals accused of child sex offences
including the most serious contact offences against children including rape of a child, inciting a child to engage in sexual activity and grooming offences. Aside from the potential prison sentence, many of our clients become extremely worried about the stigma attached to this kind of offending and ultimately details of their case being disclosed. This blog focuses on frequently asked questions about disclosures that can be made by the police when you are accused or convicted of a child sex offence, and what we can do to help.
Can The Police Disclose My Conviction For Child Sexual Offences?
In short, the answer to this question is yes. Under a scheme referred to as the 'Child Sex Offender Disclosure Scheme', also referred to as 'Sarah's Law', after the high profile case of Sarah Payne in 2000.
The Child Sex Offender Disclosure Scheme was introduced by the government in April 2011 as a safety initiative in the United Kingdom that allows parents, carers, or guardians to request information from the police about individuals who have access to children and may pose a risk due to a history of sexual offences against children. The person doesn't have to be convicted of an offence, if there is a police record regarding that person who potentially makes them a risk to a child then the police will consider disclosure of the information on their system to the child's guardian.
How Is A Request Made Under the Child Sex Offender Disclosure Scheme?
If a person connected to a child has concerns about another person who may be in, or coming in to the child's life, they can make a request to their local police force for any information of convictions for child sex offences held by them in respect of that person.
However, not just anyone can contact their police force and ask questions about investigations or convictions in relation to another. Upon requesting the information, they will be required to provide proof of their relationship to the particular child (or children) and explain how the individual they are looking into has access or contact with them.
It is worth noting that anyone who is worried about someone’s behaviour towards a child can apply under Sarah’s Law, this does not just have to be a child’s parents or guardians. This includes people like a grandparent, neighbour or friend. However, the police will pass the information on to the person best placed to protect the child – which is most commonly a parent or guardian.
Once an application is submitted, this will also alert the police to the fact that a potential child sex offender may be having contact with children without their knowledge. This will allow the police to monitor this person, in addition to considering whether disclosure to a person responsible for that child is necessary and proportionate.
There is a a six stage process when a request is made:
Stage 1:
Initial contact is made by the person who has concerns to the police.
Stage 2:
Face to face application. This is a relatively new stage and is put in place to ensure that the request for disclosure is not being made maliciously. The police will sit with the applicant to ask them questions about why they are making the request and what their concerns are.
Stage 3:
The applicant will be given an information pack about the scheme which also provides them with guidance on safeguarding the child in question.
Stage 4:
Risk assessment. Police staff carry out a risk assessment and do all necessary checks within police computer systems on the the person who is suggested to pose a risk. This part of the process should usually be completed within 10 days.
Stage 5:
The decision route. The decision will be made as to whether there should be concerns, or no concerns. Concerns are likely to exist where a person has a conviction for a child sex offence, or has other relevant convictions which may mean they pose a risk i.e.; domestic violence, drug offences, assault. The maximum timescale for completion of a decision route taken at this stage will be no more than 35 days. This is to allow for a MAPPA meeting to take place which could take up to 28 days. The 35 days then allows a further 7 days for disclosure to be completed and closure to take place. This will result in a maximum time scale of 45 days from start to finish for the entire Disclosure Scheme.
Stage 6:
This is the stage where disclosure is made where there are concerns. The person who is deemed a risk is usually notified of the intention to disclose, they may even be invited to make the disclosures themselves with the police checking to see whether this has been done to a sufficient level. There will be some cases whereby the person who poses a risk will not be informed of the intention to disclose, this is usually the route if the police feel that it brings potential harm to a person. The decision as to whether or not you will be informed of the disclosure takin place will be made on a case-by-case basis.
What Information Will The Police Provide Under Sarah's Law?
Not all requests made will result in disclosure of police investigations and/or convictions, the police will only disclose information where it is lawful, necessary and proportionate to do so. If it is deemed that disclosure is required then the information will be provided to the child's primary carer, not the person who made the disclosure request if they were different.
The police will disclose information they deem necessary in order to protect the child in question. If you have been convicted of a child sexual offence, the details of this conviction could be disclosed along with specific details of the case where relevant to the circumstances. But the scheme is not just reserved for those convicted of child sex offences and can include:
- Persons who are convicted of other offences e.g. serious domestic violence
- Persons who are un-convicted but whom police or any other agency holds intelligence on indicating that they pose a risk of harm to children.
Can I Stop the Police From Disclosing My Convictions For Sexual Offences?
If you are in communication with the officer responsible for your case, this may be your offender manager, and you are aware that they are considering disclosures then yes. Representations can be made to the relevant person which set out the reasons why disclosure should not be made setting out clearly why it is not necessary or proportionate and the potential adverse affects disclosure could have.
Ultimately the decision to disclose will be that of the police, but having legal representation involved can make a difference to that decision.
What Should I Do Next?
If you are concerned about police disclosures then our team can provide the support, advice and guidance you may need in relation to the process. We can assess your case and situation to see whether there is scope for us to liaise with the police and make representations for non disclosures. Our advice will be honest, realistic and affordable.
Having represented clients in this unique area of law for over 20 years, our team understand the impact being labelled can have on your relationships, career and freedom. We believe that everyone should be afforded the chance to rehabilitate without stigma, and should enjoy the right to family a private life.
Speak to us today if you have been accused or convicted of a sexual offence, lets see how we can help you.
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Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
