Shpo - getting it removed
Notifications OFF
Has anyone tried getting an indefinite shpo removed? He was given it indefinitely due to the sentence length (over 30 months). It is only for devices and doesn't mention anything about contact with children. I guess this is because the offences were communication only (with police decoy) and 350 images.
I've been reading on the unlock website and it seems a shpo counts as a conviction so can never be spent and possibly therefore the conviction that is linked to it can also never be spent? Also something about you have to appeal to get it removed within 5 years of the court order and after that you can get it removed by the police without having to go through the court? A bit unclear on that part....
I've also read that you can apply to come off sor after 15 years if you're on it in definitely, UNLESS you have a shpo, in which case you can't. Hence why I want to explore getting the shpo removed.
Am really hoping there is a success story out there to give me hope! How can a couple of months of offending impact on the entirety of someone's life?!!
I've been reading on the unlock website and it seems a shpo counts as a conviction so can never be spent and possibly therefore the conviction that is linked to it can also never be spent? Also something about you have to appeal to get it removed within 5 years of the court order and after that you can get it removed by the police without having to go through the court? A bit unclear on that part....
I've also read that you can apply to come off sor after 15 years if you're on it in definitely, UNLESS you have a shpo, in which case you can't. Hence why I want to explore getting the shpo removed.
Am really hoping there is a success story out there to give me hope! How can a couple of months of offending impact on the entirety of someone's life?!!
Oh also, forgot to ask. I've read that he will need to pay the police for the destruction of the evidence (ie his devices). Has anyone else had to do that and any idea what the ball park cost might be?
Thanks for the advice Lee. Will try unlock.
I've definitely read that he will have to pay for the devices to be destroyed, so who knows!
I've definitely read that he will have to pay for the devices to be destroyed, so who knows!
Hi busylizzie
you are correct in what you have read, a SHPO is classed as a court order and while active stops any conviction that occurred at the same time it was given from becomming spent, and while unspent will remain on a basic DBS if one was undertaken.
Time on the Sex offenders register has no bearing on when a conviction becomes spent it is the SHPO, the SOR is a notification tool only that's all.
if you are looking to take a SHPO back to court you can do this, and most people do it without getting legal support, I hear Unlock does give very good guidance and advice on how and what you have to do, and also offer to look over any personal statements that you are submitting as part of the application.
if you are taking a SHPO back to court within the first 5 yrs it was given then you have to have support of the police, if it's been more than 5 yrs then you do not need to seek there advice and can just apply yourself.
if your partner is on the register for life then there is a built in system that will let him make an application to come off the register 15 yrs from the date of his first notification. This application has to be completed by your partner and submitted to the police who will make the decission. You can only submit this application as long as there is no active court order like a SHPO in place.
my strong advice is speak to Unlock on this matter, they are experts in there field, and do not listen to the police that monitor your partner, from experiance the police are not very well trained in these matters, even though they monitor offenders.
hope it helps
you are correct in what you have read, a SHPO is classed as a court order and while active stops any conviction that occurred at the same time it was given from becomming spent, and while unspent will remain on a basic DBS if one was undertaken.
Time on the Sex offenders register has no bearing on when a conviction becomes spent it is the SHPO, the SOR is a notification tool only that's all.
if you are looking to take a SHPO back to court you can do this, and most people do it without getting legal support, I hear Unlock does give very good guidance and advice on how and what you have to do, and also offer to look over any personal statements that you are submitting as part of the application.
if you are taking a SHPO back to court within the first 5 yrs it was given then you have to have support of the police, if it's been more than 5 yrs then you do not need to seek there advice and can just apply yourself.
if your partner is on the register for life then there is a built in system that will let him make an application to come off the register 15 yrs from the date of his first notification. This application has to be completed by your partner and submitted to the police who will make the decission. You can only submit this application as long as there is no active court order like a SHPO in place.
my strong advice is speak to Unlock on this matter, they are experts in there field, and do not listen to the police that monitor your partner, from experiance the police are not very well trained in these matters, even though they monitor offenders.
hope it helps
Yes that makes sense, thank you for your advice notalone xx