What is someone on sex offenders allowed to do?
Notifications OFF
So I am just a bit confused on this one
Lets say what if the person in question told you they were going to an event.
If someone is on the sex offenders register are they allowed to go to a public event? I would say there are people of all ages at said event....
What can they do/not do?
Lets say what if the person in question told you they were going to an event.
If someone is on the sex offenders register are they allowed to go to a public event? I would say there are people of all ages at said event....
What can they do/not do?
It's the sexual harm prevention order that states what can and cannot be done. The register is just the needs for registering certain details.
The conditions are Dependant on the risk and nature of the offence of the offender. For example, my partner can go to public events but cannot approach children. We go to zoos, theme parks, festivals etc. No issue.
But he cannot go to BBQs with family and friends with kids if the parents and SW are not aware of the offending- this counts for work colleagues.
The conditions are Dependant on the risk and nature of the offence of the offender. For example, my partner can go to public events but cannot approach children. We go to zoos, theme parks, festivals etc. No issue.
But he cannot go to BBQs with family and friends with kids if the parents and SW are not aware of the offending- this counts for work colleagues.
Hi Dino2828
ill repost something I posted in a previous post
Its important to remember that the sex offenders register (SOR) and a sexual harm prevention order (SHPO) are two separate things.
The SOR is a notification system, where by an offender has to notify the police every 12mths of their whereabouts as well as other information as laid out in the act.
It is important to note that if any new or updated information is given to the police in that 12mths period then what is called "resets the clock" occurs for example a persons first notification date was the 1/3/2021 if he did not have to give any new information then his next annual notification would be 1/3/2022. For example lets say on the 1/7/2021 a new bank card arrived, and had to register the new one by doing this it reset the annual notification date so instead of it being 1/3/2022 it would become 1/7/2022.
Any of the things below that you notified the police within the 12mths period would cause this clock to reset
The offender using a name that he has not already notified to the police (including names used online).
A change to the offender’s home address, or, where the offender has no such residence, a change to the location in the United Kingdom where he can regularly be found
The offender staying at an address in the United Kingdom, that has not previously been notified, for a “qualifying period” (this is a period of seven days or two or more periods in any 12 months which taken together amount to seven days).
The offender residing or staying in a household with a child for a period of at least12 hours (whether this is the offender’s household or that of another).
Any changes to the offender’s bank account or credit card details, including the opening or closure of accounts (personal, business and joint accounts) and the cancellation, expiry or issue of credit cards.
If going on holiday in the UK or staying with friends in the UK you are only required to inform the police if you will be staying at that locality for more than 7 days in any 12mth period or if the house you are staying in for more than 12hrs (ie over night stay) has a person under 18 living there
Staying in a hotel for a few nights does not require you to inform the police. The fact that people under 18 might be in the hotel at the same time does not matter, it would only be if a person under 18 was in the same room as you sleeping. The same goes for days out at the zoo,museum or fun fair for example there is no need to tell the police this information.
Being on the SOR does not stop you from travelling abroad, as part of the notification requirements you have to inform the police of where you are going, you do not need to seek there permission,(if you were still on license then you would speak to probation and while on license Foreign travel is not allowed) they cant stop you from going away. The only way that it could be done is to apply to the court for a travel ban. One thing to keep in mind while on the SOR if you do decide to travel overseas then the police could put a green notice on the passport, which may cause issues in some countries, for them to do this there has to be a Proportionate reason but can be backed up with current risk assessments.
One word of advice i would give is you only give the police the information that they are legally entitled to have, if there is no legal requirement then do not give it, one example is that the police seem to ask for car registration numbers, there is no legal requirement under the SOR to have to give this information, so do not, it will be more beneficial in the long run
the time on the register starts from the date of first notification
Being on the SOR does not stop a persons conviction from becoming spent the thing that causes this is the SHPO
A SHPO is a court order that tells the offender what they cant do, it is important that any SHPO is Smith Compliant (This was a court of appeal judgment from 2011) that stated,
a SHPO only runs for the period that a person is on the register,
should not duplicate other regimes designed to offer public protection,
Blanket prohibitions on computer or internet use are not appropriate,
Prohibitions on unsupervised contact with children should not be included in the case of those convicted of internet-based offences ‘just in case’ they progress to contact offences. Instead “There must be identifiable risk of contact offences before this kind of prohibition can be justified”
Police and prosecutors should provide a draft of a proposed order at least two days in advance of any hearing and certainly not on the day of the hearing itself.
While this order is active, this is what stops a persons conviction from becoming spent, you are within your rights to take the order back to court, if done within the first 5yrs then you need support from the police officer, if after 5yrs you do not need there support.
if you have any questions on SHPO you would be best to contact the unlock helpline as they are experts in this area
ill repost something I posted in a previous post
Its important to remember that the sex offenders register (SOR) and a sexual harm prevention order (SHPO) are two separate things.
The SOR is a notification system, where by an offender has to notify the police every 12mths of their whereabouts as well as other information as laid out in the act.
It is important to note that if any new or updated information is given to the police in that 12mths period then what is called "resets the clock" occurs for example a persons first notification date was the 1/3/2021 if he did not have to give any new information then his next annual notification would be 1/3/2022. For example lets say on the 1/7/2021 a new bank card arrived, and had to register the new one by doing this it reset the annual notification date so instead of it being 1/3/2022 it would become 1/7/2022.
Any of the things below that you notified the police within the 12mths period would cause this clock to reset
The offender using a name that he has not already notified to the police (including names used online).
A change to the offender’s home address, or, where the offender has no such residence, a change to the location in the United Kingdom where he can regularly be found
The offender staying at an address in the United Kingdom, that has not previously been notified, for a “qualifying period” (this is a period of seven days or two or more periods in any 12 months which taken together amount to seven days).
The offender residing or staying in a household with a child for a period of at least12 hours (whether this is the offender’s household or that of another).
Any changes to the offender’s bank account or credit card details, including the opening or closure of accounts (personal, business and joint accounts) and the cancellation, expiry or issue of credit cards.
If going on holiday in the UK or staying with friends in the UK you are only required to inform the police if you will be staying at that locality for more than 7 days in any 12mth period or if the house you are staying in for more than 12hrs (ie over night stay) has a person under 18 living there
Staying in a hotel for a few nights does not require you to inform the police. The fact that people under 18 might be in the hotel at the same time does not matter, it would only be if a person under 18 was in the same room as you sleeping. The same goes for days out at the zoo,museum or fun fair for example there is no need to tell the police this information.
Being on the SOR does not stop you from travelling abroad, as part of the notification requirements you have to inform the police of where you are going, you do not need to seek there permission,(if you were still on license then you would speak to probation and while on license Foreign travel is not allowed) they cant stop you from going away. The only way that it could be done is to apply to the court for a travel ban. One thing to keep in mind while on the SOR if you do decide to travel overseas then the police could put a green notice on the passport, which may cause issues in some countries, for them to do this there has to be a Proportionate reason but can be backed up with current risk assessments.
One word of advice i would give is you only give the police the information that they are legally entitled to have, if there is no legal requirement then do not give it, one example is that the police seem to ask for car registration numbers, there is no legal requirement under the SOR to have to give this information, so do not, it will be more beneficial in the long run
the time on the register starts from the date of first notification
Being on the SOR does not stop a persons conviction from becoming spent the thing that causes this is the SHPO
A SHPO is a court order that tells the offender what they cant do, it is important that any SHPO is Smith Compliant (This was a court of appeal judgment from 2011) that stated,
a SHPO only runs for the period that a person is on the register,
should not duplicate other regimes designed to offer public protection,
Blanket prohibitions on computer or internet use are not appropriate,
Prohibitions on unsupervised contact with children should not be included in the case of those convicted of internet-based offences ‘just in case’ they progress to contact offences. Instead “There must be identifiable risk of contact offences before this kind of prohibition can be justified”
Police and prosecutors should provide a draft of a proposed order at least two days in advance of any hearing and certainly not on the day of the hearing itself.
While this order is active, this is what stops a persons conviction from becoming spent, you are within your rights to take the order back to court, if done within the first 5yrs then you need support from the police officer, if after 5yrs you do not need there support.
if you have any questions on SHPO you would be best to contact the unlock helpline as they are experts in this area
My husbands is on the SOR and has a SHPO. His restrictions are purely internet related - eg not deleting history, informing police when he has a new computer etc. There are no restrictions at all on him attending events, going certain places and even collecting our children from school
As i have said in other posts you need to be switched on when the cps start talking about a SHPO, the cps will go in guns blazing and go for the nuclear option and unless the defence team is switched on they will get away with it. R v Smith (2014) made it quite clear that the courts and cps and police can't make an assumption that just because a person has committed an internet based offence does not mean they will commit a contact offence (there is research on this) a further case in 2017 went further and started that any SHPO has to be related to the offence effective, clear, realistic, proportionate, and tailored to the facts,
Notalone that is really helpful thank you. My oh is being charged with an online offense and I am concerned what the SHPO might include if/ when we get there. Can I ask is there no restrictions at all regarding contact with children or is it just so long as the parents know about the offense?