Being conviction of a sexual offence has lots of significant consequences. One of the main outcomes is being involved with the police and the criminal justice system.
When the police become involved, they will investigate the offence. Based on the evidence they will proceed in one of three ways.
If the police do not find substantial evidence or believe that there is insufficient proof to press charges, no further legal action will be taken.
At the decision of both the police and the Crown Prosecution Service, a formal caution may be offered. This caution can be provided and accepted at a police station without the need for a court hearing. Although not establishing a criminal conviction, a caution will be recorded on an individual’s criminal record and will be visible in standard and enhanced disclosure checks. Furthermore, accepting a caution for a sexual offence entails inclusion in the sex offenders register for a period of two years.
In cases where you are charged with a sexual offence, a court date for your appearance will be given. This initial hearing typically takes place in a Magistrates Court, but depending on the nature of the offences, your case might be transferred to a Crown Court.
During the court appearance, you will have the opportunity to enter a plea of guilty or not guilty. If you plead not guilty, a trial date will be set. If you enter a guilty plea, a sentencing date will be scheduled. The court might also request a pre-sentence report from the National Probation Service to help determine an appropriate sentence.
The various sentencing options are detailed below. However, predicting the specific outcome of sentencing can be challenging. It is therefore important to seek legal advice in all cases.
Sentencing options
If you are convicted, there are, several sentencing options are available.
This involves serving the sentence within the community under the supervision of a probation officer, who works for the probation service. It often comes with a requirement to engage in rehabilitation, which could encompass offence-related work or community service activities. Community orders typically span at least two years to allow completion of all order requirements, but this period can extend to up to three years.
A suspended sentence is a custodial sentence wherein the individual is not required to go to prison as long as they refrain from committing further offences and comply with imposed requirements. Failure to comply or committing additional offences can lead to the activation of the suspended sentence, requiring the individual to serve the suspended period in custody. Similar to a community order, a suspended sentence can include specific conditions, such as offence-related work.
Upon receiving a custodial sentence, the offender will be taken directly from the court to the designated prison where the sentence will be served.
You can find information on possible sentencing outcomes for different offences on the Sentencing Council website.
Other outcomes
Anyone cautioned or convicted for a sexual offence is put on the sex offenders register (SOR).
All those on the sex offenders register must register with the police within three days of their conviction or release from prison. If you are convicted, you will be required to go to your local police station and sign the register. If you do not register, you will be charged with another criminal offence.
You can find more information about the sex offenders register here.
A sexual harm prevention order (SHPO) is a court order put in place to prevent a person from engaging in a particular activity. It is very common for a person who is convicted of online sexual offences relating to children, to be subject to a SHPO and is often given at the time of sentencing.
You can find more information and examples of SHPO here.
