Conclusions and recommendations
The Government's response to our Report on the
proposal for a draft order
1. We welcome the Government's acceptance of our recommendations in our first Report and the amendments it has made to the draft order to give effect to those recommendations.
(Paragraph 12)
Does the draft order remedy the incompatibility?
2. We therefore accept that the draft order is now sufficient to remedy the incompatibility with Article 8 ECHR that currently exists.
(Paragraph 15)
3. We remain firmly of the view expressed in our first Report, that, in order to be compatible with the requirements of the ECHR, review by an "appropriate tribunal" requires there to be an opportunity for an independent court or tribunal to assess whether the continuation of notification requirements is justified.
(Paragraph 16)
4. In our view, the fact that the notification requirements on sex offenders are now more onerous makes it all the more important that provision is made for review of indefinite notification requirements by an independent and impartial court or tribunal.
(Paragraph 17)
The scope of the right of appeal to the magistrates'
court
5. In order to ensure that the Government's intention is clear, that the right of appeal to the magistrates' court can include an appeal against a postponement of the next review, we recommend that the minister makes clear that the right of appeal in new s. 91E(1) is intended to include a right of appeal against a determination under s. 91B(5).
(Paragraph 20)
6. We recommend that the minister make clear that the court has the power to quash a determination that the offender's next review be postponed beyond the 8 year period and to substitute a shorter extended period if appropriate.
(Paragraph 21)
Duty to notify victims
7. We recommend that the minister make clear that the chief officer of police will be expected to notify the victim that an application for review of the requirements has been made.
(Paragraph 22)
Police discretion or duty to notify responsible
bodies
8. We recommend that the minister make clear that the expectation will be that the chief officer will usually notify the appropriate responsible bodies as a matter of course.
(Paragraph 23)
Meaning of "risk of sexual harm"
9. We look forward to ministerial clarification of what is meant by a risk of "psychological harm to the public."
(Paragraph 24)
Practical and effective access to an independent
and impartial tribunal
10. We request clarification as to whether, and on what basis, legal aid will be available, and costs recoverable from central funds if an appeal is successful.
(Paragraph 25)
Guidance to police on how to determine applications
for review
11. We recommend that the Secretary of State's guidance be subject to consultation and parliamentary involvement commensurate with its significance.
(Paragraph 26)
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