SHPO and SOR timings
Notifications OFF
Hi,
Just wondering if timings on the SHPO and SOR are always the same?
So for example, would a notification requirement of 5 years also mean the SHPO would be 5 years or could it be less?
Thanks.
Just wondering if timings on the SHPO and SOR are always the same?
So for example, would a notification requirement of 5 years also mean the SHPO would be 5 years or could it be less?
Thanks.
It's the other way round, while an SHPO is in place SOR notification is required. SHPO can be shorter than the SOR time. SHPO should not be used to keep someone on the SOR, however I didn't find that out until after that happened to my husband, so will have to go back to court at some point to get it changed.
Thanks guys.
I had looked on the unlock website it's what made me as the question. Do they always stick to these time periods?
I had looked on the unlock website it's what made me as the question. Do they always stick to these time periods?
Hi Sarah
Yes they should stick to the time periods
Time on the register is based on the sentence given by the court and is laid out in the sexual offences act 2003, the time is not decided by the judge.
Caution issued at police station 2yrs (Under 18 is 1yrs)
Fine issued at court 5yrs (Under 18 is 2.5yrs)
Community order/community service issued by court 5yrs (under 18 is 2.5 yrs)
Custodial or suspended custodial of 6mths or less 7yrs (under18 is 3.5yrs)
Custodial or suspended custodial of more than 6mths but less than or equal to 30 is 10yrs (Under 18 is 5yrs)
Custodial or suspended custodial of more than 30mths is indefinite for both over and under 18 (there is a built in process that 15yrs from the time of there first notification they can apply to come off 7.5 yrs for under 18)
The register is notification tool only has no effect on when a persons conviction becomes spent or unspent it is the SHPO that has this affect as its seen as a court order
SHPO are given in the following time periods 5yrs, 7yrs, 10yrs and life for over 18's (under 18 is 2.5, 3.5, 5 and life)
The major issue with these is the CPS will try and get one over on the court and put a longer date on the order, and unless the defence is switched on they sometimes do.
The case law that stats a SHPO should not be longer than a person is on the register is R v Smith & Others 2011 at the court of appeal.
A persons time on the register starts from the first time they register at a police station, so if they are sent to prison the period does not start till released. But the clock on the SHPO starts as soon as it is given.
Yes they should stick to the time periods
Time on the register is based on the sentence given by the court and is laid out in the sexual offences act 2003, the time is not decided by the judge.
Caution issued at police station 2yrs (Under 18 is 1yrs)
Fine issued at court 5yrs (Under 18 is 2.5yrs)
Community order/community service issued by court 5yrs (under 18 is 2.5 yrs)
Custodial or suspended custodial of 6mths or less 7yrs (under18 is 3.5yrs)
Custodial or suspended custodial of more than 6mths but less than or equal to 30 is 10yrs (Under 18 is 5yrs)
Custodial or suspended custodial of more than 30mths is indefinite for both over and under 18 (there is a built in process that 15yrs from the time of there first notification they can apply to come off 7.5 yrs for under 18)
The register is notification tool only has no effect on when a persons conviction becomes spent or unspent it is the SHPO that has this affect as its seen as a court order
SHPO are given in the following time periods 5yrs, 7yrs, 10yrs and life for over 18's (under 18 is 2.5, 3.5, 5 and life)
The major issue with these is the CPS will try and get one over on the court and put a longer date on the order, and unless the defence is switched on they sometimes do.
The case law that stats a SHPO should not be longer than a person is on the register is R v Smith & Others 2011 at the court of appeal.
A persons time on the register starts from the first time they register at a police station, so if they are sent to prison the period does not start till released. But the clock on the SHPO starts as soon as it is given.
Notalone1970,
That is very good to know thank u
That is very good to know thank u
Thanks. Really useful.
I'll be checking this before sentencing in October.
I'll be checking this before sentencing in October.