Sex Offender’s Access to England
It is a well-known fact that sex offenders are able to travel to the UK. The Home Office, the UK Government Department responsible, states that there are almost 37,000 registered sex offenders in England and Wales, and that those offenders who travel to the UK require visas before entry. The Home Office does not provide information on the number of sex offenders who have been granted visas to come to the UK, or the number of sex offenders who have been turned away at UK ports.
The Government is aware of the potential risks posed to the public by foreign nationals who have been convicted of sex offences, so they take reports of such individuals seriously and investigate any relevant claims. The Home Office has periodically reviewed the law, making changes to ensure that the UK is protected from those convicted of such offences. One of the more recent changes allows the Government to respond to reports of sex offenders of foreign nationality.
The Government takes the safety of its citizens seriously and has implemented measures to protect vulnerable parties, specifically protecting children from sex offenders. Although a clear message has been sent that those with a conviction of a sex offence will not be allowed in the UK, it is important to note that a visa granted to an offender will never be granted to one under the age of 18. A foreign national who has been convicted of a sexual offence will be banned from ever entering the UK unless they are granted an exemption from the Home Office.
The above actions, among other measures, are effective in limiting the number of foreign sex offenders who can travel to the UK. However, the Government cannot be held responsible for any behaviour outside of the UK and cannot be asked to take action with regards to any untoward behaviour a foreign offender has engaged in abroad.
Over the last decade, the Home Office has introduced a number of measures to help identify and prevent potential offenders from entering the country. For example, all applicants must provide details of their criminal history when applying for a visa. This improves the chances that those with sex offences in their past will be identified and barred from entry. Furthermore, the Home Office can reject visa applications from those with a past history of committing sexual offences, even if the offences occurred in a different country.
Unfortunately, due to the increased availability of flights and travel options, it is virtually impossible to prevent any registered sex offender from travelling to the UK if the offender is desperate enough. The legal measures implemented by the Home Office, such as banning access to certain visa categories, have offered temporary protection from such offenders. However, the Government has been criticised for not doing enough to monitor the behaviour of foreign sex offenders once they are in the UK. Defenders of the Government have argued that as long as offenders are here legally, their behaviour cannot be monitored or controlled. The only situation in which the Government can act on an offender’s behaviour is in instances of illegal entry.
Monitoring Sex Offenders in the UK
Once sex offenders have entered the UK legally, they are put on the Violent and Sex Offender Register, a list that is publicly available to the authorities and the public. This list enables the police and authorities to closely monitor the offenders, as it allows them to track their whereabouts and behaviour in the UK.
Marine Coastguards are required to detain any foreign offenders who enter the UK through the coastline and detain them until the authorities have conducted their checks. The Home Office states that although this measure may not work in all cases, it is an effective way to stop offenders who may be attempting to enter the UK illegally. This makes it easier for the authorities to respond to any suspicious activity.
Once a foreign national is registered on the Violent and Sex Offender Register, their details are reported to the relevant police force. This allows the police to monitor the offender’s behaviour and residence and reduces the potential risk associated with such offenders. However, despite the effectiveness of this system, it is not infallible; offenders who leave the country may still remain on the register, possibly alerting the authorities late or not at all.
The Violent and Sex Offender Register is supplemented by active monitoring of potential sex offenders from foreign countries. These offenders are checked on a regular basis by the authorities, with the aim of preventing any kind of offence or suspicious behaviour. If an offender is considered to be a potential threat, they may be barred from the UK.
While this increased vigilance is effective in reducing the risks posed to the public by foreign sex offenders, there is still a lack of understanding and awareness amongst the public. This may be due to the Home Office having concentrated their efforts on increasing the effectiveness of the Violent and Sex Offender Register and not on educating the public.
Public Education About Sex Offenders in England
It is important that the public are aware of, and understand, the potential risks posed by foreign sex offenders. This includes understanding the processes that have been implemented by the Government for the protection of the public and the rights the public has in relation to these processes.
Therefore, public education is required, and the beginning stages of this are already in place. For example, the Government has implemented a nationwide public awareness campaign, called “Stay Alert”, which is designed to warn the public of the potential risks posed by foreign sex offenders – specifically, their potential to commit sexual offences. Furthermore, the Government has published advice and guidelines on reporting suspected individuals to the police.
Unfortunately, despite these efforts, there is still a lack of understanding among the public about the workings of the Criminal Justice System. This is mainly due to the fact that the majority of individuals are not familiar with the finer details of the system, such as the different levels of sentencing and parole conditions.
In order to address this, the Government has introduced programmes and initiatives to increase awareness of the Criminal Justice System and to educate the public about the different measures that have been put in place for the protection of vulnerable groups, including sex offenders. The Government has also taken steps to ensure that any foreign offender’s behaviour is effectively monitored, and any suspicious activity is reported to the authorities.
Laws to Protect the Public from Foreign Sex Offenders
The Government has implemented certain laws and regulations in order to protect the public from foreign sex offenders. For example, the Immigration (European Economic Area) Regulations 2006 makes it an offence for an EEA national sex offender to remain in the UK without informing the authorities. Any person convicted of such an offence can be fined or imprisoned.
The Protection of Children and Vulnerable Adults Act 2003 also places restrictions on those convicted of sexual offences, making it a criminal offence for individuals over the age of 18 to work with under 18s if they have been convicted of a sexual offence. This legislation also applies to those from abroad who have been convicted of a sex offence in their own country, regardless of the sentence they received.
Furthermore, the Sexual Offences Act 2003 prohibits individuals from engaging in any activities that invite or encourage children to engage in sexual activity with an adult. The Act applies to those who have been convicted of a sexual offence in another country, just as it does to those who were convicted of a sexual offence in the UK.
The Government has also implemented the “Deprivation of Liberty Safeguards” to protect foreigners who have been convicted of sex offences from abrogating their rights. This addresses the potential for such offenders to abrogate their rights by travelling to the UK. This is particularly important as the Human Rights Act 1998 allows foreign nationals to be protected from being subjected to arbitrary and unlawful detention.
Other Measures to Regulate Sex Offenders in the UK
The Government has also taken a number of other measures to regulate sex offenders who are travelling to the UK. For example, the immigration rules require those looking to obtain a visa to inform the relevant authority if they have previously been convicted of a sex offence. This information is then passed on to the Home Office which can reject the application if the offence is considered to be of a serious nature.
In addition to the regulations mentioned above, the police are able to establish sex offender orders to protect the public from those with a conviction of a sexual offence. These orders make it an offence for those convicted of a sexual offence to perform certain activities, such as using the internet or engaging in activities that involve contact with children.
Finally, offenders who have committed a sexual offence in the UK are subject to recall if they are deemed to pose a significant risk to the public. This means that offenders can be charged for an offence which they have already served a prison sentence for and taken off the streets for a period of time.
Focus on Prevention of Sex Offenders Traveling
Although the criminal justice system has measures in place to protect the public from foreign sex offenders, more attention should be paid to preventing offenders from ever travelling to the UK in the first place. For example, increased cooperation between countries is needed in order to share information about offenders and ensure that those who pose a threat are refused entry into any country.
In addition to this, countries should also be more proactive in informing the public of any potential risks posed by offenders. This means providing information about foreign offences and notifying the public if any offender has been detected on their doorstep.
Finally, it is important to provide support to victims of foreign sex offenders, regardless of which country they are from. As well as providing the necessary legal assistance, victims should be given the opportunity to share their experiences and to learn to identify any potential offenders in their own communities in the future.
Conclusion
Though foreign sex offenders are an ever-present risk to
