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Removal from the Sex Offenders Register (FOI)

Removal from the Sex Offenders Register (FOI)

Produced by the Freedom of Information office
Authored by Government of Jersey and published on 22 March 2019.
Prepared internally, no external costs.

Request

I refer to a previous Freedom of Information request published at the following link:

Registered sex offenders (FOI)

A

15 people have been removed from the sex offenders register in Jersey. Can you tell me why these people were put on the register and how long ago they were put on?

B

Can you specify whether these people’s offences were against adults or minors?

C

Can you tell me if these people have re offended since, and if so when?

D

Could you also let me know what the process is for people to be removed from the sex offenders register and what criteria they have to meet?

E

And can you let me know what changes once they have been removed from the register? .i.e.: are they no longer monitored by police?

Response

A

No details of individual cases will be given as this may lead to the identification of those individuals to a section of the public.

The Sex Offenders (Jersey) Law 2010 states: A person who, in Jersey, is convicted of a relevant offence becomes subject to the notification requirements of this Law upon conviction.

Details of those relevant convictions and the period of notification required can be found at the below link.

Sex Offenders (Jersey) Law 2010 

B

Two of the 15 committed offences against adults. The remaining 13 were online offenders.

C

The information requested in this question is available to the requester by other means, further to a previous Freedom of Information request available at the following link:

Registered sex offenders (FOI) 

D

Anyone who has reached the minimum term, as set by the courts, may make an application for removal from notification requirements, by writing to the relevant court. A hearing will be set and agencies involved are required to provide an updated court report / risk assessment for the court to consider. The court will then decide if the individual is eligible for removal. The police do not make this decision but have an input to the process.

E

If a person successfully applies to be removed from notification requirements, there is no further active management by the States of Jersey Police however, safeguarding and disclosure issues (Sarah’s Law) are still considered and if the need arises, relevant multi-agency action taken.

Articles applied

Article 25 Personal Information

1. Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined by the Data Protection (Jersey) law 2018.

2. Information is absolutely exempt information if-

a) It constitutes personal data of which the applicant is not the data subject as defined in the Data protection (Jersey) Law 2018; and

b) Its supply to a member of the public would contravene any of the data protection principles, as defined in that law

Article 23 Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.

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