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If an individual has been made subject to indefinite notification requirements, they have the right to make an application for a review of those indefinite notification requirements.
A person subject to indefinite registration requirements is eligible to seek a review 15 years from the date of their first notification following release from prison for the offence which made them liable to register. If the individual was under 18 years old on the date of their conviction, this period is reduced to eight years.
To make an application for a review to Dorset Police the individual needs to request the appropriate form from their offender manager or the public protection unit.
The application can only be made to the Police Force covering the area they are recorded as residing or staying in, in accordance with their most recent notification to the Police. If the Individual is recorded in more than one Force area, they should apply to the Chief Constable of the area they have spent most time in during the twelve months immediately preceding the date of their application.
The whole process should take no longer than 12 weeks and the decision will be given in writing.
In cases where the review decision is that the person should remain subject to registration requirements the individual has a right to appeal the Force's decision and must appeal within 21 days to a Magistrates’ Court. This appeal is at their own expense.
If after review, and any appeal, the individual remains subject of notification requirements they cannot reapply for another review for a minimum of eight years.
There may be circumstances in which a relevant offender lacks the mental or physical capacity to apply for a review of the indefinite notification requirements without assistance. Such a scenario could include, for example, where the offender has dementia, a learning disability or is physically incapacitated. Where an offender has capacity to decide they want a review but would struggle to complete the application process (and there is no lasting power of attorney), they may wish to seek assistance. This could be sought from friends or family members or through independent legal advice.
Please note: A person subject to a Sexual Harm Prevention Order (SHPO) or its predecessor SOPO, must apply to the Court to discharge the SHPO prior to making an application for a review of notification requirements. If you require further information on how to discharge a SHPO, it is recommended that you seek independent legal advice.