Opposition Senators failed yesterday to make it compulsory for Government to consider notifying the public about the release of dangerous sex offenders.

United Bermuda Party (UBP) senators supported Government's amendments to the Criminal Code designed to track convicted sex attackers who could be a menace to the public once they were released from prison.

Home Affairs and Public Safety Minister Paula Cox will now have the discretion to consider notifying groups or individuals about the release of sex attackers -- including publishing photographs -- if someone is established as a danger.

At Senate yesterday, the UBP wanted to make it compulsory for the Minister to consider notification if experts determined that the offender was still a potential danger.

UBP Senator Mark Pettingill said it was a good bill, which his party supported, but he wanted to fine tune it to make it even more effective.

But Independent Senators voted with the Government to allow the Minister to continue to have discretion.

The bill obliges the court to order an assessment by a probation officer before sentencing a person who is likely to be a threat to the public.

If the court is satisfied the criminal might re-offend, the person will be jailed for a minimum of three years and be supervised for up to ten years when he is released. Tough new penalties also mean convicted sex offenders can be jailed for up to ten years if they fail to comply to their supervision order.

Government Senator David Burch said Government was responding to concerns in the community about sex offenders.

Sen. Burch rejected suggestions from UBP Senator Maxwell Burgess that probation officers were not the appropriate people to write pre-trial assessments because it would break the bond of trust between the officer and the client.

In this case, the sex pest would not feel confident calling the probation officer if he was tempted to re-offend, claimed Sen. Burgess. Sen. Burch said if a probation officer treated an offender fairly, the trust and respect would remain.

He said: "This is a difficult area in a community as small as ours, but the intention is to strike a balance between the need to protect the community and supervising the individual without a negative impact on his rehabilitation.

"It is an enlightened piece of legislation. The public, and particularly women, have the right to be protected from those who would prey on them.'' Offenders will be required to give Police their new address as soon as they leave prison.

Following debate in the House of Assembly, Government brought forward amendments to ensure the sex offender would be monitored from the moment they left prison, not within three days, as the original legislation proposed. The legislation and amendments will now go back to the House to be passed again.

David Burch