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Disclosing Information on Sex Offenders: The Human Rights Implications (From Sex Offenders in the Community: Managing and Reducing the Risks, P 72-101, 2003, Amanda Matravers, ed., -- See NCJ-204789)

NCJ Number
204793
Author(s)
Helen Power
Date Published
2003
Length
30 pages
Annotation
This chapter discusses the disclosure of information on sex offenders balanced with the rights of offenders.
Abstract
There is tension between the professional preference for information exchange to be confined to agencies determining the risk assessment and management of dangerous sex offenders in the community, and the public’s demand to be kept informed. The relevant law governing public authorities’ powers to disclose is scattered across a range of statutes and the common law, and not as clear as it might be. Interagency exchange is generally permitted for the fulfillment of the relevant agencies’ duties; what is not permitted is such an exchange for “just in case” purposes. Disclosure to private parties is not allowed; a blanket policy of disclosure to anyone that might usefully be told is unlawful. Disclosures that might have an impact on offenders’ rights should be accompanied by positive measures aimed at ensuring that private third parties do not breach those rights. The state’s “positive obligations” may require disclosure to private parties. Recent developments in the British courts suggest the possibility of the police and probation services being able to make proactive use of injunctions to restrain widespread public disclosure if this interferes, or is likely to interfere, with the ability to carry out the function of managing sex offenders in the community. Given the human rights question and the fact that demands for community notification will not recede, ultimate responsibility for disclosure decisions could be taken out of the hands of the agencies concerned in managing sex offenders and made subject to judicial control. The members of the risk assessment and management groups would have to apply for court orders permitting the disclosure of information. Such a system has a precedent in the context of child care proceedings. 35 notes, 37 references