6. Review Procedure for Individuals Subject to the SONR for an Indefinite Period
6.1 The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 provides for a review process for those individuals subject to the Sex Offender Notification Requirements (SONR) indefinitely.
6.2 A review mechanism is now in place which means individuals who are convicted of an offence as adults (over the age of 18) and become subject to indefinite notification will be eligible for review after notifying for 15 years. For individuals who were convicted of an offence when they were under 18, this period will be 8 years from the relevant date as set out in section 82(6) of the Sexual Offences Act 2003.
6.3 The legislation requires the Chief Constable to make a decision as to whether a person subject to the SONR indefinitely should be required to continue to notify (a notification continuation order), or alternatively, for the notification requirement to cease.
6.4 Should the Chief Constable be satisfied on the balance of probabilities, that the individual continues to pose a risk of sexual harm to the public, or any specific members of the public, then the Chief Constable will issue a notification continuation order, which has the effect of continuing the requirements to notify up to a period of 15 years. The individual has the right to appeal the Chief Constable's decision to the Sheriff Court and thereafter to the Sheriff Principal whose decision is final.
6.5 Prior to making the decision, it is best practice for the Chief Constable to engage the other Responsible Authorities to ascertain whether there is any relevant information available which can inform the decision whether to impose a notification continuation order or not. This is reflected within Section 88C (4)(k) of the Sexual Offences Act 2003 as inserted by Article 3 of the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011.
6.6 To facilitate this sharing of information it is accepted that should the initial information trawl reveal matters of concern, a MAPPA meeting should be held where all relevant information can be shared.
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