NCJ Number
204792
Date Published
2003
Length
21 pages
Annotation
This chapter discusses the current legislative framework for sex offenders in the community and discusses its efficacy in practice and proposals for reform.
Abstract
The legislative framework developed over the last decade is rooted in a policy of public protection where the community is protected through increased restriction, surveillance, and monitoring of sex offenders. This may be achieved through the sentences imposed following conviction for a sexual offense, and by additional control measures imposed on sex offenders living in the community. The present statutory framework for sentencing is contained in the Powers of Criminal Courts (Sentencing) Act 2000 and is based on the concept of “just deserts” -- that offenders should be punished suitably to the seriousness of their offenses. Sex offenders and violent offenders are singled out for special consideration. This may be reflected in the nature and length of sentence imposed, the release of the offender at the end of a custodial sentence, and the period of supervision in the community. Sex offenders living in the community may be subject to controls imposed by a number of provisions that do not relate directly to their sexual offending. One of the most high profile measures has been the creation of the sex offender register. This framework provides enhanced public protection overall, but it is clear that public confidence in the criminal justice system is lacking. The risk posed by known sex offenders can be diminished by effective management within the legislative framework, but an unknown number of sex offenders are currently beyond the reach of the legislative provisions because they have not been convicted of a sexual offense. Identifying these offenders and bringing them within the framework must now be a priority. 1 note, 23 references