Crime and Policing Bill: changes to notification requirements

The Crime and Policing Bill introduces measures to address antisocial behaviour, violent and sexual offences, property crimes, and criminal exploitation. It seeks to strengthen the powers of police, border force, and other law enforcement agencies, as well as seeking to enhance confiscation and public order measures, and reform terrorism and national security laws. It also includes provisions on corporate criminal liability and international crime agreements. 

The Bill was announced following the Labour Government coming to power with details bring provided in the King’s Speech on 17 July 2024 when the new Government set out their legislative agenda for the years to come. 

The Bill was introduced to the House of Commons and given its first reading on Tuesday 25 February 2025). This stage takes place without any debate. MPs will next consider the Bill at Second Reading.  

The Crime and Policing Bill seeks to introduce a number of changes to notification requirements. 

What are notification requirements? 

Under Part 2 of the Sexual Offences Act 2003, individuals convicted, cautioned, or subject to a finding for specified sexual offences are legally required to provide certain personal details to the police. This is known as ‘notification requirements’ or also as being on the Sex Offender’s Register. 

Upon conviction, an offender must attend a local police station within three days of their court hearing to complete the initial notification process. During registration, the police may take a photograph or fingerprints unless these details are already on record. 

Initial Notification Requirements 

At the initial registration, the individual must provide: 

• Full name and any previously used names. 
• Date of birth. 
• National Insurance number. 
• Home address or an alternative address where they can be located. 
• Details of any residence where they stay for at least 12 hours in a household with a child (under 18). 
• Passport and identity document details. 
• Bank and financial account details, including credit and debit cards. 

Ongoing Notification Obligations 

Throughout the notification period, individuals must comply with the following: 

• Name Changes: Any change in name must be reported within three days. 
• No Fixed Address: Those without a permanent home must report to the police every seven days. 
• Change of Address: Any move to a new address must be reported within three days. 
• Staying at Another Address: If an individual stays at another location for seven or more days, they must notify the police within three days. 
• Presence in a Household with a Child: If residing in a household with a child for at least 12 hours, this must be reported within three days. 
• Annual Verification: If no other notification has been made within 12 months, the individual must re-register with the police. 
• Foreign Travel: Where no foreign travel prohibition applies, travel plans must be reported at least seven days before departure, with any changes notified 12 hours in advance. 
• Surrendering Passports: If subject to a foreign travel prohibition, passports and travel documents must be handed in at the designated police station. 
• Financial Information: Bank accounts, credit cards, and debit cards in the individual’s name, jointly held, or linked to a business must be disclosed within three days. 

Failure to comply with these notification requirements is a criminal offence and may result in prosecution. 

Management of Registered Sex Offenders 

Registered sex offenders (RSOs) are subject to Part 2 of the Sexual Offences Act 2003 and fall under the management of the Multi-Agency Public Protection Arrangements (MAPPA). 

As of 31 March 2024, there were 70,052 sex offenders in the community being monitored under MAPPA. This statutory framework, established under Section 325 of the Criminal Justice Act 2003, requires agencies across 42 criminal justice areas in England and Wales to collaborate in managing the risk posed by sexual, violent, and other high-risk offenders. 

Independent review of police-led sex offender management 

The Home Office commissioned an independent report into the police’s management of sex offenders in the community in 2022, which retired Chief Constable Mick Creedon undertook in 2022. The Home Office published his report ‘Independent review of police-led sex offender management’ in April 2023.  

Chief Constable Creedon made 38 recommendations to improve the consistency, efficiency and effectiveness of the police’s management of sex offenders including several recommendations to the Home Office regarding notification requirements. 

These recommendations included:  

• The Home Office review the details that RSOs are currently required to notify, and if necessary to improve the police’s risk management of RSOs, incorporate additional details such as email addresses and phone numbers;  
• The application of certain notification requirements be made dependent on the police’s risk assessment of an RSO;  
• The police be able to receive online or remote notification where appropriate;  
• The police be given a power to review and if suitable remove indefinite notification requirements.  

Changes to Notification Requirements 

Chapter 4 of Part 5 of the Crime and Policing Bill includes reforms that seek to strengthen the efficiency and effectiveness of current notification regime by:  

• Requiring RSOs to give advance notification where they will be absent from their home address (while remaining in the UK) for five or more days and of their travel and accommodation arrangements in that time, including the date that the RSO will leave their home address and their date of return to that address. 
• Requiring certain RSOs to notify the police before entering specified premises where children are present. This will automatically apply to RSOs with convictions for sexual offences against children. The police will also be able to apply the requirement to notify entry into a specified premises where children are present to offenders without such convictions but who pose a risk of sexual harm to children generally or particular children.  
• Give the police a power to authorise RSOs to give notification virtually in specified circumstances. Virtual notification must be via a means of communication that enables the offender and officer to see and hear each other in real time. This will address the challenge Chief Constable Creedon identified in that RSOs in particular localities have difficulty reaching a police station within the statutory three-day time limit to notify changes to their details, resulting in unintentional but unavoidable breaches of the notification requirements.  
• Give the police a power, without an application for review having been made, to proactively consider and if suitable discharge an RSO’s indefinite notification requirements after the minimum duration has elapsed. The minimum durations for indefinite notification are 15 years for adult offenders and eight years for juveniles. This will address the issue identified by Chief Constable Creedon whereby offenders subject to indefinite notification requirements do not expeditiously apply for their removal when appropriate, resulting in many offenders remaining subject to notification requirements where their risk level does not require it.  
• Reducing from superintendent to inspector the rank of a police officer able to authorise warrant applications for the police to enter and RSO’s home to assess their risk of sexual harm.  

What is the current position for applications for review of notification requirements? 

In 2012 the Supreme Court ruled that individuals subject to indefinite registration requirements under the Sex Offenders Act have the right to apply for a review as to whether their continued registration is necessary. The review can only take place once an individual has been on the register for fifteen years (since first registration) or eight years in the case of a minor.  

The police will consider the degree of risk to the public and whether it is necessary for the individual to remain on the Sex Offenders Register for the purpose of protecting the public from sexual harm. The Authorities will need to know the reasons why an individual is applying for a review and will look for how the individual’s circumstances have changed compared to when the order was made. Further how an individual’s behaviour has changed, in essence showing that there is no longer a risk. This will further require disclosing information about accommodation, relationships, employment, hobbies and attitude to offending. 

Changes of Name for registered Sex Offenders 

The Government is introducing a new restriction on Registered Sex Offenders which, in certain circumstances, will prevent them from applying for identity documents under a new name. This measure is being implemented in response to public and parliamentary concerns following several high-profile cases where offenders changed their names before committing further sexual offences. 

The changes contained within this Bill will:  

• Require RSOs to notify the police of an intended change of name at least seven days in advance of using it, or if that is not reasonably practicable, as far in advance of their using it as it reasonably practicable;  
• Where the police consider it necessary to protect the public or children or vulnerable adults from sexual harm, enable them to serve a notice on offenders requiring them to seek the police’s authorisation before applying to change their name on a specified identity document (namely, a UK passport, driving licence or immigration document).  The police will be able to exercise the power in the second measure – the “police authorisation” measure – when satisfied that it is necessary to protect the public, or any particular members of the public, or protect children or vulnerable adults generally or any particular children or vulnerable adults overseas, from sexual harm. Where a name change has been approved by the police, an RSO will be able to apply for an identity document in a new name without committing a criminal offence.  

RSOs that have received a notice must seek the police’s authorisation to change a name on an identity document on the basis that they meet certain conditions set out in the Bill or specified by the Secretary of State in secondary legislation. The conditions will be to enable a change of name to be authorised where it is a consequence of marriage, a religious conversion in accordance with legitimate practice, a change of gender or where the police consider that there are exceptional circumstances not covered by one of the specified conditions above.  

The police will retain a discretion to reject applications that meet the criteria where they consider the imperative to protect the public from sexual harm requires it. 

Specialist Sex Offenders Register and Notification Requirements Lawyers 

If you wish to discuss making an application for removal from the Sex Offenders Register, please contact us on 0161 8341515, email us at info@olliers.com or complete the website enquiry form below.