SKWEYIYA ADCJ
consideration,66 it is feasible that the Legislature is positioned to move on the
correction of the defects. In so doing, Parliament should be mindful of the operation
of the Sexual Offences Act as a whole, the disclosure provisions and the definition of
―employer‖ in particular. Parliament would be advised to consider the creation of a
provision for child offenders included on the Register to have the opportunity to
motivate that their particulars be expunged upon application.
[57]
In the interim, however, it is necessary that some mechanism be provided to
identify those child offenders whose names have already been entered on the Register
in conflict with the principles set out in this judgment. This will enable them to obtain
legal advice and assistance. That is the path this Court followed in Centre for Child
Law,67 where minimum sentences applying to under-18s were struck down, but only
limited retrospective relief was granted. The order that follows provides for a similar
mechanism. It is correct that the information contained in the Register is confidential.
But, for the purpose of salvaging the rights of children already included in conflict
with the principles set out in this judgment, it is necessary for the Court to require the
respondents to furnish the details in question. This is done in the exercise of the
Court‘s wide jurisdiction to make an order that is just and equitable. The Court will in
turn make the information available to persons or organisations seeking to assist those
child offenders.
66
See Teddy Bear Clinic above n 14.
67
Above n 39.
30
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