When can a child be subject to a notification requirement (being placed on the sex offender’s register)?

Things to consider:

Children are subject to the same notification requirements as adults. However, the periods of notification are generally halved (other than indefinite notification, which also applies to children).

A person is automatically subject to notification requirements if convicted or cautioned for an offence listed in Schedule 3 of the Sexual Offences Act 2003. This includes people who have been found not guilty by reason of insanity or been found to have committed the act but unfit to plead.

Offences not listed in Schedule 3 of the Sexual Offences Act 2003 are only subject to notification requirements if the child receives a custodial sentence of 12 months or longer.

Detention and training orders are treated as terms of imprisonment for the purposes of notification requirements. However, a detention and training order is made up of half detention and training and half supervision, and it is only the detention and training part that is the equivalent to a term of imprisonment.

A person may be subject to notification requirements, at point of conviction, for offences that are subject to automatic notification and therefore listed in Schedule 3 of the Sexual Offences Act 2003. For offences that are not subject to automatic notification, it will only be possible to determine whether they are subject to notification requirements once sentenced – as this will depend on the length of the custodial sentence.   

Further resources: Schedule 3 of the Sexual Offences Act 2003.