"Not sexually motivated" offender released from Register

Thursday 28 September 2023

A prisoner placed on the Sex Offenders' Register after intending to humiliate a public servant in the course of her duties was able to be released early because his offence was "not sexually motivated".

Being on the Register means offenders are obliged to regularly provide information about their circumstances and where they are to police officers, as well as any other conditions deemed necessary by the court.

In what was characterised as an "unusual" order, the Royal Court decided that he should be able to apply to be released from these requirements three years earlier than the Crown had sought.

A recently-published judgment noted: "The reason for selecting a period of two years [for the offender to be able to make an application] was that, on the evidence and as subsequently determined by the probation officer, the offence itself was not sexually motivated in that S obtained no sexual gratification from the act – it was designed to humiliate a public servant in the course of her duties."

The individual – originally assessed as posing a high risk of general reconviction, and a serving prisoner at the time of his application – subsequently made an application in August of this year, which was considered by the Deputy Bailiff, sitting with Jurats Robert Christensen and Alison Opfermann, who granted it.

Mr MacRae said there was a public interest in removing those who no longer posed a risk of sexual re-offending from the Register, which currently has more than 120 names on it.

Pictured: The applicant, originally assessed as posing a high risk of general reconviction, was a serving prisoner at the time of his application.

At a hearing held earlier in the summer, the Royal Court agreed to deal with the application in private but to publicise its judgment "so that the public could properly understand the reasons for the decision that the Court had made".

The Deputy Bailiff noted that the police had expressed the view that "there was no current concern in relation to him committing sexual offences".

He continued: "It can never be said that an offender who has committed a sexual offence is at no risk of committing a further sexual offence but this was an unusual offence in the first instance, as we have said. It was not an offence where there was real sexual intent and indeed [a police officer] had recently spoken to the victim. [That police officer] told us in evidence, 'The victim of the offence said she had not given this incident a second thought since it had happened. It has had no impact on her'."

The Court heard that the probation service expressed a similar view, noting that the applicant's risk of criminal re-offending was due to his general anti-social and pro-criminal behaviour, and was not specific to the risk of sexual offending.

Releasing the applicant from the reporting requirements of the law, Mr MacRae concluded: "In most cases such an assessment will mean that the court will not release an offender from the notification requirements under the law.

"However, we have no doubt that in this case it is right to release S from such requirements and that is the order that we made at the conclusion of the hearing."