Draft SHPO
Notifications OFF
Husband had plea hearing today, draft SHPO was given and it's quite restrictive. Image only offense but there are conditions involving contact with children under 16 that their parents need to be told and social services approval as well as the internet based restrictions. Just seems quite unrealistic and extreme. Solicitor mentioned about working to make them realistic but didn't mention about trying to remove the contact with children ones.
is this normal? Could we apply for them to be removed? Has this happened to anyone else's person and you successfully got them removed from SHPO?
a bit of relief that the plea hearing is over with but now dreading everything else that is to come :(
is this normal? Could we apply for them to be removed? Has this happened to anyone else's person and you successfully got them removed from SHPO?
a bit of relief that the plea hearing is over with but now dreading everything else that is to come :(
Hello,
My person's offence was images, no communication, but his SHPO is worded the same regarding to contact with under 16s (or 18, can't remember). No option for having that removed, it wasn't mentioned. My person has told me that in time the police can remove bits from it, not sure if that's accurate. Sorry, not sure if that helps, but does seem pretty standard.
My person's offence was images, no communication, but his SHPO is worded the same regarding to contact with under 16s (or 18, can't remember). No option for having that removed, it wasn't mentioned. My person has told me that in time the police can remove bits from it, not sure if that's accurate. Sorry, not sure if that helps, but does seem pretty standard.
My OH's draft SHPO stated "Unreasonably failing to provide information to a representative of the Chief Constable for the appropriate area as requested by them to ensure his risk may be properly managed in the community; such information will include details of contact with family and friends to ensure the protection of children."
However at sentencing the solicitor asked the judge to review this as it was too ambiguous and judge agreed and said it was not only ambiguous but completely unenforceable and therefore it was removed completely.
So the final SHPO is now only internet/device based. My OH was image/online only too.
So I would say definitely challenge it at sentencing. At least try and get the social services bit removed, I know someone whose OH has the same wording in theirs (this is ref a communication offence) and social are being particularly difficult, they are now going back to court to try and get it removed from the SHPO, as like you they deem in disproportionate.
It does blow my mind how there appears to be no consistency in terms of restrictions, sentences, even socials approach with regards this type of offence though.
Hope that helps
However at sentencing the solicitor asked the judge to review this as it was too ambiguous and judge agreed and said it was not only ambiguous but completely unenforceable and therefore it was removed completely.
So the final SHPO is now only internet/device based. My OH was image/online only too.
So I would say definitely challenge it at sentencing. At least try and get the social services bit removed, I know someone whose OH has the same wording in theirs (this is ref a communication offence) and social are being particularly difficult, they are now going back to court to try and get it removed from the SHPO, as like you they deem in disproportionate.
It does blow my mind how there appears to be no consistency in terms of restrictions, sentences, even socials approach with regards this type of offence though.
Hope that helps
Once the sentencing is over, an SHPO cannot be changed without going back to court.
So it is important to instruct your barrister to challenge all the conditions that you think are disproportionate. They will do this as part of the sentencing hearing.
So it is important to instruct your barrister to challenge all the conditions that you think are disproportionate. They will do this as part of the sentencing hearing.
Hi, My understanding is that case law was changed - there's a case that our solicitor mentioned to us and was cited in court, Dewy 2024. It challenged disproportionate SHPO conditions for image-only offences. So I think, post this case, a SHPO for image offences 'only' can't have restrictions around contact.
Post deleted by user
Yes, sadly lazy cut and paste SHPOs (and SROs) are common. As Saint Jude says there is now case law for image only offences. Your legal team should be challenging these contact clauses for you.
Good luck x
Good luck x
Please instruct your solicitor or barrister to challenge quoting the relevant case law. This restriction should not be in there for image only offences
Clearly I'm in the minority here, but if your child were to be in the company of someone that had been charged with only 'online image offences' against children, would you not want to know?
Surely these conditions under the SHPO are in place to protect children?
Surely these conditions under the SHPO are in place to protect children?
We challenged and the no contact with u18's without parents and SS being advised was removed.
We still have not to enter or remain in a household where u18s are present, but I wish I had challenged that too as it's a bit of a pain although not impossible.
It means we can attend family events (weddings/funerals etc).
the grandkids have been okd by SS and parents and they are really the only children he has any contact with anyway.
We still have not to enter or remain in a household where u18s are present, but I wish I had challenged that too as it's a bit of a pain although not impossible.
It means we can attend family events (weddings/funerals etc).
the grandkids have been okd by SS and parents and they are really the only children he has any contact with anyway.
Throwawayww90
The SHPO does not affect the police common law powers of disclosure. They can still disclose the persons conviction, to the parents of any child that the person has contact with.
The SHPO does not affect the police common law powers of disclosure. They can still disclose the persons conviction, to the parents of any child that the person has contact with.