The Court of Protection is able to make decisions on behalf of a person who lacks capacity and so, one of the first things the court must consider in proceedings is whether or not the person in question has capacity or not. At the point of the case...
The law relating to sexual offender registration requirements changed in 2012 following the decision of the Supreme Court in the case of F in which we acted for the claimant.
Individuals who are subject to indefinite registration (those who have been convicted and sentenced to 30 months imprisonment or more) can now apply for a review of whether they need to remain subject to SOR requirements once they have been on the register for 15 years (8 years in the case of a person under 18 at first registration).
The minimum time (15 or 8 years) runs from the date of first registration (usually release from custody). An application can only be made if there is no Sexual Offender Prevention Order (SOPO) in force. If there is, we can advise on this issue separately.
The police will consider the risk to the public and whether it is necessary for the applicant to remain on the register for the purpose of protecting the public or any particular members of the public from sexual harm.