REGISTRATION OF SEX OFFENDERS: PRACTICES IN MALAYSIA AND THE UNITED KINGDOM

Abstract

This article pertains to the registration of sex offenders (RSO) systems in the United Kingdom and Malaysia, including their underlying philosophical approaches as well as structural and operational frameworks. Malaysia's system, which was established in 2019 as the Children's Register under the Child Act 2001, is distinguished by a welfare-centric approach that focuses solely on sexual offences against children. However, the United Kingdom's Violent and Sex Offenders' Register (ViSOR), which was established in 2003, operates within a criminal justice system that encompasses a broader spectrum of offences against all potential victims. This paper reveals significant disparities of the RSO in both nations regarding operational efficiency and governance strategies by examining institutional structures, crime coverage, data collection techniques, registration periods, and access policies. In contrast to the United Kingdom's phased approach, which employs risk-based review procedures and organised disclosure programmes, the Malaysian system prioritises child safety through a centralised administrative model that includes implied lifetime registration obligations. Analysis demonstrates that these conflicting strategies underscore diverse equilibria between criminal rehabilitation and public safety concerns. The results demonstrate potential strategies for enhancing Malaysia's expanding system, including implementing active notification policies, establishing risk-based registration periods with transparent review processes, and enlarging interagency cooperation. This article contributes to the academic discourse on the balance between public safety requirements and rehabilitation objectives in sex offender management systems, which is particularly relevant for developing countries striving to enhance preventive measures while ensuring proportionality and efficacy.