Notification Periods and the Lifetime Threshold
Notification requirements apply automatically upon conviction or caution. For sentences of 30 months or more, the requirements are indefinite — lasting for the remainder of the person's life. Custody of 6 to 30 months attracts a 10-year notification period. Custody of less than 6 months attracts 7 years. A caution attracts 2 years. Since 2012, those subject to indefinite requirements have a statutory right to apply for a review after 15 years. Those who were under 18 at the time of conviction can apply after 8 years.
| Sentence Received | Notification Period |
|---|---|
| Custody of 30 months or more | Indefinite (lifetime) |
| Custody of 6 to 30 months | 10 years |
| Custody of less than 6 months | 7 years |
| Caution | 2 years |
The Impact of R v Wiles [2004]
The case of R v Wiles [2004] established that when calculating whether the 30-month threshold for lifetime registration has been reached, the extended licence period imposed as part of the sentence must be included — not only the custodial element. This means that a defendant who received an 18-month custodial term with a 24-month extended licence is subject to lifetime notification, even though their period in custody was relatively short. A consequence of this ruling is that some individuals are subject to lifetime requirements without having been clearly informed of this at the time of sentencing.
The Statutory Review Process
An application for a review of indefinite notification requirements is made to the Chief Officer of the local police force. The police consider the nature of the original offence and the age and vulnerability of the victim; any other criminal convictions or relevant intelligence; compliance with notification requirements throughout the registration period; evidence of completed rehabilitation programmes; and stability in current circumstances including employment, housing, and relationships. The burden rests on the applicant to demonstrate that continued registration is no longer necessary. The application should be supported by documentary evidence addressing each factor, and a specialist risk assessment carries significant weight.
SHPOs and the Application Pathway
An application for removal from the register cannot be made while a Sexual Harm Prevention Order (SHPO) or the older Sexual Offender Prevention Order (SOPO) is in force. Where such an order exists, it must be addressed — by applying to vary or discharge it — before any register removal application can be made. Once the order has been discharged or has expired, the 15-year application pathway becomes available.
Appeal Against Refusal
Where the police refuse an application for removal, the applicant has the right to appeal to the Magistrates' Court. An appeal is a full rehearing of the merits — not simply a review of the police decision. Fresh evidence, including updated risk assessments and evidence of continued compliance, can be presented at the appeal stage.