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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have been charged with a offence, and have attended

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I have been charged with a sexual offence, and have attended magistrates court. The offence is indictable only offence, and so the magistrates have referred it to a PTPH hearing at the crown court for January.
On the form that had to be completed at magistrates court today, I have indicated that i will be pleading guilty to the charges against me.
I have been on bail for the duration of the investigation, and remain so until I am sentenced (or remanded possibly at the PTPH).I have a question on the requirements for the sex offenders register.
Am i right in thinking, that I have to register for the sex offenders register once I am convicted (in other words, 72 hours after my release from any sentence), or am i supposed to be registering with the police for the register within 72 hours from today? Even though I am not 'convicted' (as the sexual offences act would indicate), but because i indicated today at magistrates that I may be pleading guilty?Thank you

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

They should have told you what to do. The procedure is at S83 SA 2003. You have to notify within 3 days of the guilty plea or other finding that leads to a conviction. Though if all you have done is indicate a guilty plea then that is not a conviction. You would not have to do that until you are convicted.

Customer: replied 2 days ago.
Who is they? Nobody told me what to do, the magistrate just read out my bail conditions and reiterated that these remain. My solicitor only told me this when i told him i am going on holiday next week (on a phone call after court), but otherwise was not mentioned, so now i am confused, as i have read a lot online and not found anything that says i need to do this before i am convicted.
I told my solicitor this today and he said that today I was convicted. But i dont see how i am convicted if all i have done is put my indication on the paperwork that is sent to the crown court for the ptph (in order to get maximum credit). Is he wrong saying I am convicted today?

The magistrates but they probably didn't tell you because S83 is not engaged for the reasons explained.

Customer: replied 2 days ago.
okay. so me indicating a guilty plea today is not classed as a finding that leads to a conviction?
So i definitely do not need to speak to the police within 72 hours and register?
I definitely did not enter a plea today, as it was magistrates court and an indictable only offence, so i am told that a plea isn't taken by magistrates but a form is completed after where you indicate what your plea may be at the ptph

That isn't a conviction. No, you don't need to register.

 

Customer: replied 2 days ago.
Thank you

No problem and all the best.

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