Planned independent review into sexual offences legislation launched

Summary of the final report is expected to be published by August

A planned independent review of the Sexual Offences and Obscene Publications Act 2021 is now underway.

Commissioned by the Department of Home Affairs, it is being led by Kate Blackwell KC.

Her work 'will evaluate the act’s effectiveness since its introduction, across the justice system as well as examining its impact on victims, law enforcement and the courts'. 

The Sexual Offences and Obscene Publications Act 2021 was introduced in March 2024 to replace the previous Sexual Offences Act 1992, which no longer reflected modern understandings of sexual offending, consent, coercion or digital forms of abuse. 

The 2021 Act brought forward a comprehensive overhaul, addressing gaps in the 1992 legislation such as image-based abuse, online grooming, revenge porn, voyeurism and upskirting, alongside strengthening provisions relating to child protection and sentencing. 

Under a commitment made by the Minister for Justice and Home Affairs, Jane Poole-Wilson, the act was scheduled for review 18 months after coming into effect, allowing sufficient time to assess whether its provisions are working as intended. 

The review will assess the operationalisation, impact and effectiveness of the Act across: 

• Law enforcement 
• Prosecution services 
• The judiciary 
• Victim support organisations

Its aim is to identify areas for improvement, ensure the legislation is delivering its intended outcomes, and highlight where future amendments may be beneficial. 

Key objectives: 

• Implementation and enforcement: The review will examine how successfully the Act has been embedded across policing, prosecution and the courts, including training, systems and procedural changes.
• Impact on demand and resourcing: It will determine whether the Act has created additional pressures on the police, prosecution services and the judiciary
• Victim experience: The review will assess access to justice, the victim journey, and how support services align with the Act’s provisions
• Sentencing: The review will consider the range of sentences imposed under the Act, including a comparative analysis with other jurisdictions
• Focus on child sexual offences: Given the seriousness of child safeguarding, the review will examine enforcement, prosecution and sentencing outcomes for child sexual offences, as well as the experience of child victims

The review will include: 

• Document and data analysis of legislation, operational guidance and statistical information 
• Stakeholder engagement with police, prosecutors, the judiciary, victim support groups, advocacy bodies and defence representatives 
• Case analysis to understand how the Act has been applied 
• Comparative review against similar legislation in other jurisdictions 
• Consideration of anonymity provisions and their practical impact 

At the conclusion of the review, a report will be published alongside the Department’s response.  

Minister for Justice and Home Affairs Jane Poole-Wilson said: "The Act was designed to bring more perpetrators to justice and to give reassurance to victims. 

"It is important to have an independent assessment of the way the Act is working to ensure it is meeting its objectives."

The public summary of the final report is expected to be published by August.