ABSTRACT

In this chapter we explore the growing use of the civil law to contain and incapacitate the sex offender. These measures complement the investigation and punishment of the sex offender by the criminal law and do so in order greater to protect the public and improve public safety. In the UK a number of civil measures have been ‘constructed’ in the last eight years in the interests of public protection, including the sex offender ‘register’, sex offender orders, restraining orders, notification orders, sexual offences prevention orders (combining the sex offender order and restraining order), foreign travel orders and risk of sexual harm orders. We have also seen attempts – as yet un-successful – to change the law on mental health to bring sex offenders with a ‘dangerous, severe personality disorder’ into its ambit (see Chapters 2 and 6).