Criminal Justice Act 2003, section 327A

Disclosure of information about convictions etc. of child sex offenders to members of the public

Part 13 Miscellaneous

(1)The responsible authority for each area must, in the course of discharging its functions under arrangements established by it under section 325, consider whether to disclose information in its possession about the relevant previous convictions of any child sex offender managed by it to any particular member of the public.

(2)In the case mentioned in subsection (3) there is a presumption that the responsible authority should disclose information in its possession about the relevant previous convictions of the offender to the particular member of the public.

(3)The case is where the responsible authority for the area has reasonable cause to believe that—

(a)a child sex offender managed by it poses a risk in that or any other area of causing serious harm to any particular child or children or to children of any particular description, and

(b)the disclosure of information about the relevant previous convictions of the offender to the particular member of the public is necessary for the purpose of protecting the particular child or children, or the children of that description, from serious harm caused by the offender.

(4)The presumption under subsection (2) arises whether or not the person to whom the information is disclosed requests the disclosure.

(5)Where the responsible authority makes a disclosure under this section—

(a)it may disclose such information about the relevant previous convictions of the offender as it considers appropriate to disclose to the member of the public concerned, and

(b)it may impose conditions for preventing the member of the public concerned from disclosing the information to any other person.

(6)Any disclosure under this section must be made as soon as is reasonably practicable having regard to all the circumstances.

(7)The responsible authority for each area must compile and maintain a record about the decisions it makes in relation to the discharge of its functions under this section.

(8)The record must include the following information—

(a)the reasons for making a decision to disclose information under this section,

(b)the reasons for making a decision not to disclose information under this section, and

(c)the information which is disclosed under this section, any conditions imposed in relation to its further disclosure and the name and address of the person to whom it is disclosed.

(9)Nothing in this section requires or authorises the making of a disclosure which contravenes [F731 the data protection legislationF731] .

(10)This section is not to be taken as affecting any power of any person to disclose any information about a child sex offender.

Definitions used in section 327A 3

Child sex offender

(4) “Child sex offender” means any person who—

(a)has been convicted of such an offence,

(b)has been found not guilty of such an offence by reason of insanity,

(c)has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or

(d)has been cautioned in respect of such an offence.

Defined in s.327B(4) · see it in the full Act
Child

(2) “Child” means a person under 18.

Defined in s.327B(2) · see it in the full Act
The data protection legislation

(4A) “The data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act ).

Defined in s.327B(4A) · see it in the full Act

Cases considering section 327A 4

XX, R on the application of) v Secretary of State for the Home Department & Ors

[2014] EWHC 4106 (Admin) · 12 December 2014Defines

The court identified section 327A as requiring responsible authorities to consider disclosure of relevant previous convictions to particular members of the public. (see para [27]) The court referred to the statutory presumption favouring disclosure where there is a risk of serious harm to children and disclosure is necessary to protect them. (see para [27]) The court treated the statutory disclosure conditions as part of the legal framework governing disclosure of information about child sex offenders. (see para [27]) The court treated the statutory disclosure conditions as part of the legal framework governing disclosure of information about child sex offenders. (see para [27])

X (South Yorkshire) v Secretary of State for the Home Department & Anor

[2012] EWHC 2954 (Admin) · 24 October 2012

Applies the statutory duty requiring the MAPPA authority to consider disclosure of information about relevant previous convictions of a managed child sex offender to a particular member of the public. Confirms that the statutory section does not affect any other power to disclose information about a child sex offender. The judgment uses this to recognise that common-law and CSOD disclosure powers remain separately relevant. Applies the statutory presumption in favour of disclosure where there is reasonable cause to believe that a managed child sex offender poses a risk of serious harm and disclosure is necessary to protect particular children from that harm. The judgment contrasts this threshold with the broader CSOD Scheme. Applies the statutory disclosure framework requiring necessity to protect particular children, or children of a particular description, from serious harm caused by the offender. The provision is used to distinguish MAPPA disclosure from the CSOD Scheme.

R v Secretary of State for the Home Department

[2021] UKSC 37 · 30 July 2021Defines

The provision requires MAPPA authorities to consider disclosure of a child sex offender’s relevant convictions and creates a presumption of disclosure where specified risk and necessity conditions are met. It preserves other disclosure powers and subjects disclosure to data-protection law (see paras [9]; [13]).

What each judgment says about section 327A is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F730Ss. 327A, 327B inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 140, 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 43
  2. F731Words in s. 327A(9) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 96 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)