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Failing to comply with sex offender notification requirements

s.91Sexual Offences Act 2003

A relevant offender failing, without reasonable excuse, to make a required notification to the police, or knowingly giving them false information.

Failing to comply with sex offender notification requirements · Sexual Offences Act 2003, s.91Card 146 / 195

Points to prove

The defendant was a relevant offender subject to the notification requirements of Part 2 of the Sexual Offences Act 2003
s.91(1)(a)Failed, without reasonable excuse, to comply with a notification requirement (for example initial notification under s.83(1), notifying changes under s.84(1), periodic notification under s.85(1), or regulations under s.86(1) such as foreign travel)
s.91(1)(b)Or, in purported compliance with s.83(1), 84(1), 85(1) or regulations under s.86(1), notified information they knew to be false

Key definitions

Relevant offender – s.80: a person convicted, cautioned or otherwise dealt with for an offence listed in Sch. 3. A notification order or an SHPO can also make a person subject to the requirements.
Initial notification – s.83(1): within 3 days of the relevant date (usually conviction or caution). The information includes date of birth, National Insurance number, names and home address (s.83(5)).
Changes – s.84(1): within 3 days of using a new name, changing home address, staying at an un-notified address for a qualifying period, or release from custody or detention. A qualifying period is 7 days, or two or more periods in 12 months adding up to 7 days (s.84(6)).
Periodic notification – s.85: at least once a year, or more often where the offender has no fixed home address.
Home address – s.83(7): sole or main residence in the UK, or if none, a place where the offender can regularly be found.

Good to know

Time in custody, hospital or outside the UK is disregarded when counting the 3 days (s.83(6)).
It is a continuing offence (s.91(3)): it starts on the first day of failure and continues while the failure continues, but the person can only be prosecuted once for the same failure.
Proceedings can be brought in any court where the person lives or is found (s.91(4)).
Not yet in force: the Crime and Policing Act 2026 substitutes s.91(1) and (2) (Sch. 15, para. 8) and adds new requirements: notifying a new name at least 7 days before using it (s.83A), notifying absence from the sole or main residence for more than 5 days (s.85ZA) and, for child sex offenders and those given a police notice, notifying entry to premises where children are present (ss.86A to 86D). As at November 2026 these provisions have not been commenced.

Legislation: Sexual Offences Act 2003, s.91 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Failing to comply with sex offender notification requirements: questions people ask

What are the points to prove for failing to comply with sex offender notification requirements?

1. The defendant was a relevant offender subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 2. Failed, without reasonable excuse, to comply with a notification requirement (for example initial notification under s.83(1), notifying changes under s.84(1), periodic notification under s.85(1), or regulations under s.86(1) such as foreign travel) 3. Or, in purported compliance with s.83(1), 84(1), 85(1) or regulations under s.86(1), notified information they knew to be false

What is the maximum sentence for failing to comply with sex offender notification requirements?

5 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)

Is failing to comply with sex offender notification requirements a summary, either-way or indictable offence?

Failing to comply with sex offender notification requirements is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is failing to comply with sex offender notification requirements?

Failing to comply with sex offender notification requirements is an offence under the Sexual Offences Act 2003, s.91.

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