Join WhatsApp group
PoliceStationRepUK
Log In

Fail to comply with sex offender notification requirements

Justice, police powers and breaches — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Justice, police powers and breaches

Fail to comply with sex offender notification requirements

Sexual Offences Act 2003, s.91

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Fail, without reasonable excuse, to comply with a notification requirement in SOA 2003 ss.83–85 or regulations under s.86; or notify information known to be false in purported compliance (s.91(1)).

Mens rea

  • Failure limb: no reasonable excuse. False-information limb: knowledge that the information is false.

Defences

Reasonable excuse for the failure · Requirement did not apply / not subject to notification · Information was not false, or not known to be false

Sentencing Council

Sentencing Council guideline effective 01 October 2018. Offence range: Fine – 4 years’ custody.

View definitive guideline ↗

At the police station

The failure is a continuing offence from the first day of non-compliance (s.91(3)). Ask for the notification form and travel/home-address dates.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Justice, police powers and breaches

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.