My offence was indecent assault. I was sentenced to 15 months custody with 2 years extended licence. At the time of conviction this was correctly subject to a 10 year notification period.
The amendment was a table of guidance for sentencing that affected the length of notification period. A sentence of 30 months or over (this includes custodial sentence + any extended licence period) was now to have an indefinite notification period.
Backdating this amendment was not made mandatory, rather left to the police authority who were responsible for reporting to during the notification period.
The original sentence was not reviewed, even though the effect of this amendment could (& in my case would) be considerable, & would also have quite logically influenced the original sentence when being decided.
My police offending managers for the first 8 years of my notification period considered me to be low-risk & therefore only visited me once a year to re-sign, never expressing any knowledge of the amendment to the law or any desire to change the end date of my notification period.
Just a few weeks prior to the end of my notification period (almost 10 years from conviction & over 8 years from the amendment to the law), I was informed by my police offender manager of the time that my sentence had just been reviewed & the amendment was now to be applied; therefore I was now considered to be on indefinite notification.
I have not been convicted, charge or cautioned for any other sexual or violent offence since release, or ever had any rumour of any such offence either. The indefinite notification period was meant for serious re-offenders, not those considered low-risk such as myself.
I was hoping to appeal the decision of the police from imposing a non-mandatory amendment in an arbitrary way. I couldn't imagine a prisoner being told on the day of release that their sentence had been extended without a court review at the very least.
I have been informed by a legal expert in the field that "legitimate expectation" may be a valid argument regarding the police authority changing their stance. Also that "status" in human rights law may also be applied, as the law has changed again, & now more serious convictions aren't treated as severely as mine. I shall be looking into both arguments in more detail.