SKWEYIYA ADCJ
convictions of a sexual offence against a child or mentally disabled person. In the
applicant‘s case, his particulars may never be removed from the Register.
[26]
Only a court‘s obligation to enter the offender‘s details on the Register was
declared unconstitutional because the High Court exclusively targeted the
constitutional validity of section 50(2). An offender‘s obligation to disclose previous
convictions to an employer, licensing authority or childcare authority remains as do
the consequences of one‘s details being entered on the Register.
[27]
From a plain reading of section 50 the provision includes the registration of
child offenders. Section 50(2)(a) applies to ―a person [convicted] of a sexual offence
against a child or person who is mentally disabled‖. The word ―person‖ applies both
to children as it does to adults: there is nothing in the Sexual Offences Act to infer that
the ordinary meaning of the word is not applicable to children.
The scope of the confirmation proceedings
[28]
The High Court was seized with the application of section 50(2) to a child
offender. It raised the question of the provision‘s constitutional validity in specific
application to child offenders and in the context of the Child Justice Act. The Court‘s
order,30 however, makes no distinction between child and adult offenders and its
reasoning indicates that this was deliberate.
30
See [9] above.
16
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