Attorney-General Clarifies Sex Offender Notification and Parole Process

Justice

Today, on the matter of the release from incarceration of Kevin L Goater last week, the Attorney-General and Minister of Justice, Sen. the Hon. Kim Wilkerson, JP, stated: “I understand the public concern that follows the release of any convicted sex offender, particularly where the offence involved a child.

"These are serious matters, and the protection of children and the wider community remains central to the way these cases are managed.

“However, a mandatory public notification in every case, or a mandatory written notification to every school in every case, is not something that can be applied across the board without careful consideration.

“The law and the Government’s established protocol require a balance between the offender’s lawful ability to reintegrate into the community and the level of risk that the offender is assessed to pose.

“The Government’s Sex Offender Fact Sheet, which has been publicly available for some time, makes clear that public notification is for the highest risk offenders, where the Minister, having considered all relevant information, makes that determination.

“It also makes clear that sex offenders are subject to monitoring, assessment and supervision through the relevant agencies, including registration on conviction.

“In this case, the law was followed in relation to the inmate’s release, and the law was followed in relation to the issuing of a public notification.

“The public notice was the required notification. It was publicly available, including to schools and other institutions. There is no separate legal requirement for the Attorney-General to issue a specific notification directly to schools.

“It is also important to correct the suggestion that Mr Goater was released unlawfully or outside the normal legal process. He was not released early in the sense of being released outside the law.

“He had served the required portion of his sentence and was eligible to apply for parole. As with any offender who meets the legal criteria, the matter was considered by the Parole Board.

“The Parole Board makes its decision based on the assessments before it, including the inmate’s conduct, rehabilitation, risk and the safeguards required upon release. That process was followed, independent of the Ministry.

"I am unable to comment on the specifics of any individual's risk assessment or release conditions, which are confidential under the law. That confidentiality protects the integrity of the assessment process and applies in every case."

“The Ministry is confident that the appropriate legal steps were taken in this case. We also recognise the strength of public feeling on these matters, and where there are constructive recommendations about improving communication, the Ministry is prepared to consider them.

"However, any change must be lawful, proportionate and based on assessed risk, not a blanket approach that may undermine the careful management framework already in place.”