(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 [F2the data protection legislation].
(10)This section is not to be taken as affecting any power of any person to disclose any information about a child sex offender.]
Textual Amendments
F1Ss. 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
F2Words 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)