Should sex offenders be allowed to appeal?

[East]

Why should it be OK for a 21 year old to have sex with a 17 year old when it's not for a 31 year old?

Just asking...

It isn't pedophilia....it is a different situation all around. Pedophilia is generally regarded as a sexual interest in prepubescent children who are usually 12 and under...much different than a BF/GF type relationship with people a few years apart in age.

[simon]

From here
Q&A: the sex offenders register | Society | Guardian Unlimited,

"Those given a jail sentence of more than 30 months for sexual offending are placed on the register indefinitely. Those imprisoned for between six and 30 months remain on the register for 10 years, or five years if they are under 18. Those sentenced for six months or less are placed on the register for seven years, or three and a half years if under 18. Those cautioned for a sexual offence are put on the register for two years, or one year if under 18."

It would appear that an adult can find himself on the register for two years as a result of a caution, an option available to the police and usually accepted without taking legal advice. It is done entirely at the discretion of the police and has no judicial oversight and no right of appeal. Cautions for other offences while they remain on record are not automatically communicated to any other parties.

You'll find an example of the unfairness of the caution here
Gay Monitor - Allan Horsfall and Ray Gosling monitoring injustice against the Gay Community.

No other offence requires registration in this way, even murderers, although out on licence are not required to register with local police, inform them if they go away for more than seven days, get photographed when they renew their registration etc., etc.

To put it in perspective, we are talking about appeal, not automatic removal from the register. Cases will be heard by judges and evidence weighed in the same way a prosecution would be conducted.

The "won't someone think of the children" mantra simply doesn't wash in a world where in the case of an appeal the law will think of the children.

the ruling has only been make so how you can know how any future appeal would be carried out I don't know,if anything it would be the local police chief that would hear the appeal,as they would have been the person keeping track of these people,this also seems the most likely way an appeal would be heard having listened to politicians debate this issue.

a pedo never changes,I would tag them too,knowing there where abouts is a small price to pay for being scum.

[Cardiganwearer]

Formal police cautions do appear on CRB reports.



Prisoners released on licence are the responsibility of the probation service not the police. As far as I am aware they have to keep them informed of their movements.

Do you make these points in favour of, or in oppsition to a right of appeal against being listed on the sex offenders register?

[Genersis]

...a pedo never changes,I would tag them too,knowing there where abouts is a small price to pay for being scum.

All i'm going to say is. I feel thats just a little...mean i guess. Sure they may not be able to change how they are attracted to minors. But all because they are unlucky enough to have this attraction they fall under "Scum"?

I understand if you mean JUST the pedophiles who cross the line to child molesters. But then, you don't need to go that far to end up on the register. All they need to do is find evidence that the person has the attraction and they could end up on the list for a LONG time.

If only there was a secondary register where they just kept the persons name just to help with any investigations in the future where the people on the list weren't punished...

I had written a mile long post where i go off on a tangent and probably make little sense so i've decided just to stick with thee above.:redface:.

[simon]

All i'm going to say is. I feel thats just a little...mean i guess. Sure they may not be able to change how they are attracted to minors. But all because they are unlucky enough to have this attraction they fall under "Scum"?

I understand if you mean JUST the pedophiles who cross the line to child molesters. But then, you don't need to go that far to end up on the register. All they need to do is find evidence that the person has the attraction and they could end up on the list for a LONG time.

If only there was a secondary register where they just kept the persons name just to help with any investigations in the future where the people on the list weren't punished...

I had written a mile long post where i go off on a tangent and probably make little sense so i've decided just to stick with thee above.:redface:.

not sure what point you are making,first you say its a little mean to go on the list just because they are that way??? you only go on the list for life IF you have been convicted NOT only if they just believe you MAY be a pedo.

"a little mean" the register separates the "proper pedo from the others,its those on there for life we are talking about so lets not cloud the issue with keep talking about those that should never be on the list,those people are not on for life,for someone to go on the list for life the offence was a real nasty crime so "a little mean" I can cope with,if you call a name on a list and telling the police where you live mean?

being born a certain way does not give them the go ahead to molest kids,they don't have to act on their feeling,if they can't control themselves then lock them up.

[Beaux]

All i'm going to say is. I feel thats just a little...mean i guess. Sure they may not be able to change how they are attracted to minors. But all because they are unlucky enough to have this attraction they fall under "Scum"?

I understand if you mean JUST the pedophiles who cross the line to child molesters. But then, you don't need to go that far to end up on the register. All they need to do is find evidence that the person has the attraction and they could end up on the list for a LONG time.

If only there was a secondary register where they just kept the persons name just to help with any investigations in the future where the people on the list weren't punished...

I had written a mile long post where i go off on a tangent and probably make little sense so i've decided just to stick with thee above.:redface:.

Well I have been reluctant to post on this thread because I am afraid that my personal view may be unpopular, but that hasnt ever stopped me in the past so here goes.
As far as pedos and rapists go, they are damn lucky to be on the list imo because if it were up to me they would just be put down (yes killed) immediately after conviction. So yea, if they are trying to screw kids, then I do put them firmly in the "Scum" catagory.
As far as people who are on the list because of public urination or similar crimes of bad taste/judgement no I dont think that they should remain on the list for life for only one offense.

[fredv3b]

Do you make these points in favour of, or in oppsition to a right of appeal against being listed on the sex offenders register?

I made those points as factual replies. Personally, I think a right of appeal is a natural and necessary part of justice. (Incidentally, it was also part of the Supreme Court's reasoning.) My main feeling though is that the practical reasons for having a Sex Offenders Register should be more clearly defined, if it was clearly defined then the debate about who should and should not be included would disappear.

[simon]

I made those points as factual replies. Personally, I think a right of appeal is a natural and necessary part of justice. (Incidentally, it was also part of the Supreme Court's reasoning.) My main feeling though is that the practical reasons for having a Sex Offenders Register should be more clearly defined, if it was clearly defined then the debate about who should and should not be included would disappear.

the thing is they do have a right of appeal when they get sentenced,part of the sentence was to be listed on the register.

[fredv3b]

the thing is they do have a right of appeal when they get sentenced,part of the sentence was to be listed on the register.

Fair point, however one cannot be placed on the Sex Offenders Register in definitely, only for a specified number of years or for life. A newly convicted offender cannot convincingly argue that, say, in 15 years time he would not be a risk to the public, a court would view that as 'crystal-ball gazing'. The only reasonable appeal would be when the offender was arguing he was no longer a risk to the public.

[simon]

Fair point, however one cannot be placed on the Sex Offenders Register in definitely, only for a specified number of years or for life. A newly convicted offender cannot convincingly argue that, say, in 15 years time he would not be a risk to the public, a court would view that as 'crystal-ball gazing'. The only reasonable appeal would be when the offender was arguing he was no longer a risk to the public.

the term is either measured in years 3-7-15 or whatever or indefinitely.

the way I see it any "appeal after sentence is not an argument as to whether they are still a risk but whether the original sentence was correct,if a judgement was made at the time of sentence that a pedo will never be 100% safe then an appeal would only be second guessing a judgement that has already been made and the appeal process has already been used at sentence.