Minister says sex offender law change "unlikely" this term

Tuesday 27 July 2021

The Home Affairs Minister says it is “unlikely” that a law change so that sex offenders begin time on the register when they leave prison will be achievable this term.

Deputy Gregory Guida said in response to a petition that, while the idea had “merit” and he supported it, “pressures” on law and policy drafters would make it unlikely to happen during this Government’s tenure.

The petition, which now has more than 1,000 signatures, was set up by Cheyenne O’Connor, asking for the period on the register to begin when the convicted person leaves prison.

Being on the Register means offenders are subject to notification requirements - providing information about their circumstances and where they are to officers, as well as being supervised by the Multi Agency Public Protection Arrangements (JMAPPA). They may also be subject to other conditions as deemed necessary by the Court.

“If a person convicted of a sexual offence against a child receives a three-year sentence it’s standard for them to be on the register for a minimum of five years, but that means just two years on the register once released at which point they can apply to come off the register,” Ms O'Connor wrote on the petition site.

Pictured: Home Affairs Minister Deputy Gregory Guida said he would be supportive of the idea, but that he didn't see it being completed by the end of this Government's term.

She added: “Starting the register whilst inside seems futile. They are no danger to society whilst inside and do not require monitoring.” 

In his response, Deputy Guida said that he thought the petition to be “be sensible and would be supportive of such a change”, and was “also cognisant of the strength of public feeling with regard to these matters.”

However, he said that "the necessary legislative amendments require consultation with relevant parties and are unlikely to be achievable within this term.”

He explained: “In the case of a person convicted of a relevant offence, the Law provides that the required notification must be given on the day of the conviction, and on the anniversary of that date. 

“It is therefore a requirement of the Law that an offender becomes subject to the notification requirements upon conviction, and any change to this would require an amendment to primary legislation.”

Pictured: Currently, a person's time on the register begins on the day of conviction.

He later noted that “in order to make the amendment requested in this petition it would be necessary to make an amendment to primary legislation.

“This would necessitate the allocation of both policy and law drafting officers at a time when both of these areas are under pressure to deliver other important projects, which were themselves delayed as result of the Covid pandemic. 

“The Minister considers that, given the current arrangements provide a sufficient safeguard against potential harm that sex offenders pose, it would not be proportionate to delay other important pieces of work such as the Domestic Abuse Law, for which there are arguably not adequate protections for vulnerable victims in place. 

“Additionally, it would not be appropriate for the office of the Minister to seek to make such a legislative amendment without first consulting with other relevant parties, and in particular the Courts and Judiciary.”