Ladies And Gentlemen - May We Present, To You, Mr Stephen Nolan (Part 1)

Mr Stephen Nolan
Fear-Mongering, Zealot, White Knight or Gullible, Principled, Investigative Reporter?

Dr Oldfield, once again, contacts Stephen, on behalf of The OSC ...

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To: nolan@bbc.co.uk
Subject: Come on Stephen, get up-to-speed ...
4/3/13;19:48

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Stephen,

You are at it, again ... 

"... taking away the court's ability ... that sex 'offender' is walking back onto the streets, with no curfew, no, no restrictions, no probation around them, whatsoever ..." - Stephen Nolan sits in (3/4/13), http://www.bbc.co.uk/programmes/b01rlr62

You really are a tool, sometimes, Stephen ...

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"2. Notification Requirements

2.1 What the requirements are

The notification requirements for those convicted or *****cautioned***** for sexual offences (commonly referred to as the ‘sex offenders register’) were initially introduced to England, Wales, Scotland and Northern Ireland as part of the Sex Offenders Act 1997. This system, which applied retrospectively, was amended under Part 2 of the Sexual Offences Act 2003 meaning that relevant offenders were required to notify certain personal details to the police in their area. These included:

>Name and any aliases;

>Date of birth;

>National Insurance number;

>Main address and any addresses at which they reside for more than 7 days in 12 months;

>Foreign travel plans of three days duration or more

>Any changes to the above details.

However, under the Sexual Offences Act 2003 (Notification Requirements) (England & Wales) Regulations 2012, since the August 2012 those subject to notification requirements are also required to:

>Notify the police of all foreign travel (including any period of less than three days);

>Notify weekly where they are not registered as regularly residing or staying at one place (i.e. where a registered sex offender has no sole or main residence and instead must notify the police of the place where he can regularly be found);

>Notify where they are living in a household with a child under the age of 18. Under the changes, those subject to the notification requirements will be required to notify when residing or staying in a relevant household for a period of at least 12 hours with a child who is under the age of 18;

>Notify bank account and credit card details. This has been explained by the Home Office as being necessary to tackle Internet child pornography. Whilst the legislation requires notification of bank accounts, credit and debit cards held by the offender or jointly, it does not require details of accounts, credit or debit cards held independently by family members to be provided.

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March 12, 2013

Solicitors to challenge to Sex Offenders Registration Rules 

http://www.factuk.org/solicitors-to-challenge-to-sex-offenders-registration-rules

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>Notify information about their passports or other identity documents at each notification. This provision has been put in place purportedly to stop individuals from seeking to avoid being on the register when they change their name.

These details must be provided in person at a nominated police station within 3 days of the conviction or caution and must be updated on an annual basis. For a list of the police stations which can accept notifications, click here. Individuals subject to the requirements are also routinely photographed when making a notification. Failure to comply with the notification requirements is a criminal offence punishable by up to 5 years imprisonment.

These requirements are reflected in updated guidance published by the Home Office, which provides useful and detailed information about how these requirements work in practice. It also has a useful FAQ document available to download."

http://www.unlock.org.uk/xoffenders.aspx?sid=125

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Sex Offenders' Register [sic]

"The sentence received is used to calculate the period for which the offender will be subject to notification requirements. These are set as follows:

>Life Imprisonment, Imprisonment for 30 months or more, imprisonment for public protection and admission to hospital under restriction order - INDEFINITELY

>Imprisonment for more than 6 months but fewer than 30 months - 10 YEARS

>Imprisonment for 6 months or less or admission to hospital without restriction order - 7 YEARS

>*****Caution - 2 YEARS*****

>Conditional Discharge - PERIOD OF CONDITIONAL DISCHARGE

>Any other - 5 YEARS"

http://www.yourrights.org.uk/yourrights/privacy/spent-convictions-and-the-rehabilitation-of-offenders/retention-and-disclosure-of-information-about-your-convictions-and-other-involvement-with-the-police/sex-offenders-register.shtml

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"Sexual Offences Prevention Orders (SOPOs)

>Legislation Sexual Offences Act 2003 s 104-113

>Maximum length Indefinite (SOA 2003 s 107(1)(b))

>Minimum length 5 years (SOA 2003 s 107(1)(b))

>Which court can make an order? Youth Court, Magistrates’ Courts, Crown Courts

The basics

These orders are civil behaviour orders or ‘preventive orders’ imposed upon conviction (‘post-conviction orders’) or upon complaint (‘stand-alone orders’). The former are by far the most common.

The orders specify terms which prohibit the person subject to the order from doing certain things. The orders are targeted at sexual offending and are designed to prevent the commission of acts or offences which would cause serious sexual harm to another person.

SOPOs are from the same family as ASBOs. A SOPO operates in a similar way to an ASBO in that it is preventative in nature, targeted at the behaviour of the person subject to the order. Consequently, many of the principles are the same.

Power to order

Stand-alone orders

The power is a discretionary power.

A Chief Officer of Police may by complaint make an application if a) it appears that that the defendant has been convicted of a Schedule 3 offence (list here) or a Schedule 5 offence (list here), or if he has been *****cautioned***** for such an offence, and b) the defendant has acted in a way as to give reasonable cause to believe that an order is necessary.

(SOA 2003 s 104(1) and (4))"

http://ukcrime.wordpress.com/2012/09/13/sexual-offences-prevention-orders-sopos/

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The system can [and does] easily place many odious restrictions, if it so chooses (or, more to the point, if they are 'needed').

Can you see how you spread unwarranted fear and disinformation? Naughty lad ...

... get some knowledge (but, not from your 'expert' barrister buddy ;) ).

Will have your piece up, soon. Will let you know.

Nigel.
p.s. please confirm that you received this email.

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The OSC