Family and Friends Forum

Few questions

Notifications OFF

Dadworry

Member since
October 2021

27 posts

Posted Tue October 5, 2021 2:32amReport post

Hello my son was sentenced yesterday to



3 years community payback

150 hours unpaid work

5 years sor

and a tag for 3 months.



just have a few questions for those who have gone through the same.

does it pass reasonably quickly?

whilst on a community payback order and supervision, are we able to travel abroad outside the EU? as long as we let his supervisor know? And it doesn't interfere with his unpaid work etc?

When his order finishes he will be on the Register for a further 2 years, this doesn't stop him doing anything does it? It's just the notification requirements?



thanks :)

Becky1234

Member since
March 2021

208 posts

Posted Tue October 5, 2021 3:16pmReport post

Post deleted by user


Edited Tue October 5, 2021 10:17pm

Notalone1970

Member since
May 2021

98 posts

Posted Tue October 5, 2021 4:45pmReport post

Hi Dadworry

In answer to your questions


whilst on a community payback order and supervision, are we able to travel abroad outside the EU? as long as we let his supervisor know? And it doesn't interfere with his unpaid work etc?

Yes community payback is like a community order, he is not on licience, so he can travel as long as it does not interfere with any appointments or unpaid work he has to do, he just has to Liaise with his probation officer.

If he is going away in the UK for a period of 7 days or less (not 4) there is no requirement to inform the police, and he can holiday where he likes, even a holiday park, there is no requirement to disclose to them where he is going

If you are going abroad then as per the requirements of the SOR you have to notify the police of any Foreign travel,as we still have freedom of movement then the EU should not be an issue.


When his order finishes he will be on the Register for a further 2 years, this doesn't stop him doing anything does it? It's just the notification requirements?

Yes that correct he will be on the register for a further two years, and yes the register is just a notification tool. You did not mention if he was given a SHPO if he has and this was also for 5yrs then his conviction will remain unspent for the five yrs the SHPO is in place. This means that is conviction will show on a basic DBS and if asked does he have any unspent convictions he would have to disclsoe. For insurance for work, insurance and Mortgage applications. If he was not given a SHPO then his conviction would be spent 12mths after the 3rs community order was completed.

His offence will always show on a standard or enhanced DBS check due to its nature.

Hope this helps

Edited by moderator Thu October 7, 2021 10:31am

Notalone1970

Member since
May 2021

98 posts

Posted Tue October 5, 2021 6:10pmReport post

T and c are policy, policy is not law. The law clearly states that a person on the SOR is only required to tell the police of any travel in the UK if it is more than 7 days. Therefor if your holiday is 7 days or less it is none of th police's Bussiness that you have gon away in the UK.

Speaking from experiance you will face a lot less issues over time if you only give the police the inforamtion they are legally required to be told. If you give them extra information they will use is against you, just because someone is on the SOR, does not stop a person or family enjoying days out to the likes of Museums, zoos and fun fairs or going on holiday in the UK, and i am talking form personal experiance having supported a family member through this.

majestictopaz

Member since
December 2019

499 posts

Posted Tue October 5, 2021 7:39pmReport post

In regards to the community service your son will need to get permission to miss any set days. My partner was told asking to skip a day for a holiday won't be allowed and if he missed a day he was down as a 'no show'.

So while he had once a week sessions we made sure we went on holiday in the week so he was back for the Sunday. He was allowed to miss one day due to work training. Also give as much notice as possible.

My partner had 200 hours to do over two years but got it 'reduced' to 150 hours as the remaining was training arranged through probation. I think they :'knock off' up to a quarter. Maybe something to consider. Also when he did community service it wasn't always a full day, and they can cancel at short notice. Sometimes they didn't turn up at all and he had to wait an hour, after that time he had to let probation know and he would have only got the hour logged.

So I would highlight that it is hard to say exactly when the hours will be completed.

Edited Tue October 5, 2021 7:40pm

Dadworry

Member since
October 2021

27 posts

Posted Wed October 6, 2021 12:33amReport post

Thank you all for the replies! Very helpfull



this puts my mind at ease a little bit! :)

he didn't get a shpo as I don't think they do them for images in Scotland,



he has a couple of restrictions for the 3 years that just says the usual stuff about internet usage and devices, plus no attempt to make contact with anyone below the age of 16, inadvertent contact is ok, as long as let his social worker know!

But it says absolutely nothing about travel, or anything like that just the devices and contact.

he has a tag for 3 months so could have been a lot longer, so he will be off that in January and hopefully try to move on with things!



Nothing in the press yet, the same reporter that was in his first diet hearing was there on Monday, but there was never anything posted or printed anywhere the first time , so hoping that he was there for someone else! Our local paper comes out tommorow evening so fingers crossed there is nothing, then I will be able to breathe a bit clearer!

Dadworry

Member since
October 2021

27 posts

Posted Wed October 6, 2021 7:14pmReport post

Does anyone know also, if there is any leeway for good behaviour on the tag?

Notalone1970

Member since
May 2021

98 posts

Posted Wed October 6, 2021 10:25pmReport post

Hi dadworry

In Scotland you still refer to them as a sexual offences prevention order (SOPO) and would advise you look at the paper work as the information you mention about computer usage etc would be documented on this document, a SOPO is an active court order and while active keeps a conviction unspent

Judith

Member since
June 2021

195 posts

Posted Thu October 7, 2021 12:08amReport post

Hi

My husband said there had been a session about the SOPO and SOR on the Inform course and Police were present to explain and answer questions. The impression was that though the fundamental purpose is to assess and manage risk it is also an opportunity for the person to access support and maybe identify what help they might need going forwards.e.g. seeking work or training.

Hope this turns out to be the case for your son.

Dadworry

Member since
October 2021

27 posts

Posted Thu October 7, 2021 12:54amReport post

There is no mention of a sopo on his paper work?



only the restrictions on his internet use and the attempt to connunicate with u16's. inadvertent contact is ok

as we see it if he goes to a bar or restaurant and there are kids there as long as he isn't talking to them it's ok, as it's inadvertent as he isn't to know there are kids there?







I think my son is hoping to get his hgv drivers license once his tag is off as it seems a lot of have companies only ask about motoring convictions!so hopefully that will be ok

Lucy from Stop it Now!

Member since
September 2018

496 posts

Posted Thu October 7, 2021 10:33amReport post

Hello everyone,

It is great to see many of you wanting to support and advise others on this forum around concerns such as travelling whilst being on the Sex Offenders Register. I would just like to take this opportunity to clarify a few things around this topic. Anyone who is registered on the Sex Offenders Register is required to notify the police around all travel abroad at least 7 days prior to departure. They are also required to provide certain details to the police including the destination of travel and details of their accommodation. Further information around this can be found on the Unlock website here: https://hub.unlock.org.uk/knowledgebase/information-sex-offence-notification-requirements/#Travelling%20abroad%20whilst%20under%20notification%20requirements.

Additionally, guidelines around travelling to Australia with a conviction for a sexual offence can be found here: https://hub.unlock.org.uk/knowledgebase/travelling-australia/ and travelling to the USA, here: https://hub.unlock.org.uk/knowledgebase/travelling-america-usa/.

Please be aware that we would never suggest that anyone is dishonest or withholds information from the authorities when applying to travel, an approach that could backfire with serious consequences for the person concerned. It is also a breach of our forum rules to promote unlawful activity.

Another requirement is that the person registered must inform the police if they are planning to stay with anyone under the age of 18 for 12 hours or more. Once the police are notified about the person’s travel plans, they will then risk assess any travel arrangements and take any relevant actions including the possibility of sharing the information with other agencies and countries involved.

I also want to take this opportunity to flag that it is a criminal offence if the person fails to notify the police about their travel plans.

I hope this information has been helpful. If you have any further queries please do not hesitate to call us on our helpline (0808 1000 900). You may also find it useful to seek clarification from Unlock (https://hub.unlock.org.uk/contact/) or NACRO (https://www.nacro.org.uk/contact-us/). I would also advise that your son liaises with his Probation Officer for any specific queries and to remain on the safe side.

Take care,

Lucy

Zack

Member since
July 2019

74 posts

Posted Thu October 7, 2021 4:27pmReport post

We looked at this a while ago, I needed to go to the US, and ended up going alone. We concluded that it was too risky for him to go while he was on the SOR. Although in theory he could get permission (indeed they gave permission for european trips). And he definately does need to notify any travel with the UK police. It was more the awkardness if someone decided to issue a green notice. It seems unlikely if they give you permission, but it is something they can do. Indeed it may be a different person that decides to do so. As noted above under ESTA you are asked:

> "Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority"

Rationally it seems clear to me, that looking at an image does not in itself result in serious harm to a person. Particularly as in most cases the person in the image has no knowledge that the indiviual has viewing it. But I appreciate others will claim otherwise.

The dilemma is that if it is declared, that information will remain permanently with the US authorities and anyone else they share it with. He will have no option in the future to declare. How likely they are to allow him to enter with this type of conviction, I wouldn't know. I assume the worst usually.

Dadworry

Member since
October 2021

27 posts

Posted Thu October 7, 2021 5:40pmReport post

Thanks for the info guys!



he had a meeting with his social workers today



and they said there might be a problem with having both a PlayStation and a smart tv! Although the way it is worded on his order states that he can't have more than one of each!



surely if that's the way it's worded they cannot do otherwise?



has anyone been through a 3 year community order? Is it a massive weight off the shoulders once it's over?

And once he's off the register in 5 years even easier I'd hope?

Chelsea 1

Member since
June 2021

891 posts

Posted Thu October 7, 2021 6:24pmReport post

Hiya Dad.

To get this sentence etc. What did got to court for ?

Xx

Dadworry

Member since
October 2021

27 posts

Posted Thu October 7, 2021 6:29pmReport post

It was for Images

Chelsea 1

Member since
June 2021

891 posts

Posted Thu October 7, 2021 6:32pmReport post

Roughly how many because my hubby is on RUI at the moment and awaiting court stuff.

Did he distributed aswell ?

Sorry for questions hun.

Xx

Dadworry

Member since
October 2021

27 posts

Posted Thu October 7, 2021 7:00pmReport post

Yea it was with his social worker manager today,

I think it's because they say other than 1 phone and 1 laptop there should be more than 1 other device capable of accessing the net?

but that's not what the court document says it says no more than one smart tv or one console etc


the police has already been out before sentencing and noted that we had a smart tv playstion ipad iPhone which were all capable of accessing the internet, but they didn't seem to have a problem!

now today at social work meeting they mentioned it might be an issue but they would have a think about it!

the wording on his court document clearly says no more than one of EACH!

And the tv is downstairs as is the PlayStation both of which I purchased not my son! And we don't even use the internet on them!



hopefully it will be fine!

Edited Thu October 7, 2021 7:02pm

majestictopaz

Member since
December 2019

499 posts

Posted Thu October 7, 2021 7:36pmReport post

It would be best your son go through all the conditions one by one to get a full understanding of the restrictions. We have had issues where we didn't fully comprehend all the conditions and it nearly got my partner in major trouble.

It was regarding contact with under 16s. There is a difference between contact and communication.

My partner cannot communicate with under 16s online or over the phone - fair enough and understand.

The contact is to do with being in the presence of an under 16 e.g. family events, friends party/house, work do etc. We thought it meant can't be unsupervised but that wasn't the case. He needed permission from parents AND social services.

I have a cousin who is under 16. We had been to a family party where I made sure my partner was not alone with him, but this was against the conditions.

The police and probation officer should have asked my partner for all possible under 16 contact but they didn't until this situation was flagged- nearly two years after sentencing.

The devices conditions seem a bit bizarre maybe a Scottish thing? But maybe if your son is not given access to the internet through the devices this might help. I have my own phone and laptop which my partner does t have access so the police are happy with that. Also our smart TV is linked to our router- the police have the details to that so if my partner was to do something illegal it would flag through that. He isn't banned from nonaccess to the internet.

Hopefully your son will get clarity sooner, but now than later.

In regards to when the service ends it is weight off my partner's shoulders. It states three years because there may be delays in completing the hours. It took my partner nearly a year to do 250 hours, and that included delays due to the pandemic

Dadworry

Member since
October 2021

27 posts

Posted Thu October 7, 2021 7:39pmReport post

The devices in the living room (tv)and PlayStation are mine , bought and paid for by myself !

If need be We could even prove that the tv is minr because it was on a contract and I have the contract in my name

Dadworry

Member since
October 2021

27 posts

Posted Thu October 7, 2021 7:42pmReport post

Majestic he has 3 years supervision as well as the unpaid work,



am I right in saying the 3 year supervision won't ever change? Even if very good behaviour

Dadworry

Member since
October 2021

27 posts

Posted Thu October 7, 2021 10:38pmReport post

Yes it's the family tv!



Basically in Scotland He is supervised by social workers ( the ones that questioned the tv today) In conjunction with the police! The police came out to the house after Hed signed the register to note all the devices etc serial numbers, and they didn't question it then!

the social worker(my supervisor) today said he'd have a chat with the police in regards to it!



but as you said surely if it's my tv/family tv then there can't be an issue!



the one thing my son is worried about most is the press, his sentencing was on Monday, our local paper comes out on a Wednesday and there was nothing, and nothing on the sort of national/regional papers YET keeping fingers crossed it doesn't now.



he just wants to get the unpaid work done ASAP, and is off the tag in 3 months, then he will be more at ease I think!

one of his social workers is really nice and kind and not very harsh, the new one he met today that is the 2nd one, seemed to try and paint as bleak a picture as possible! As if even after he's off the register and his order is done he will still have no freedoms! Which really isn't the case is it??

Dadworry

Member since
October 2021

27 posts

Posted Fri October 8, 2021 7:52pmReport post

Thanks Lee,



he doesn't appear to have an SHPO or SOPO

as the conditions are only

for 3 years the same as the community order.

if they do question the tv we will just say exactly that, it's my tv I paid for it and have proof if they even question that it's his !

Dadworry

Member since
October 2021

27 posts

Posted Fri October 8, 2021 8:39pmReport post

The conditions are written under "conduct requirement"

And begins "for the period of 3 years"

It includes

" not approach or communicate in anyway or attempt to approach or communicate in anyway with someone nude the age of 16 without prior approval from your supervising officer and should report any unavoidable or inadvertent approach or communication"



this is different to his bail conditions which were no contact with under 16



so it seems he is fine to go out to restaurant or bars or cinema etc as long as he doesn't approach or communicate with anyone under 16?



that's how I see it anyway

Dadworry

Member since
October 2021

27 posts

Posted Fri October 8, 2021 8:57pmReport post

Thanks Lee!



yeah I think he is a bit daunted by it all

it is only 3 years, in the grand scheme of things it's not a massive amount of time!



so hopefully things become easier

he is obviously worried about getting a new job as he can't do his job just now as it was a nighttime job and has a TAG on just now, he is hopeful maybe he can return to it depending on what his supervisors say! If not he is looking at getting his lorry drivers lincence as it seems a lot of companies do hire people with records as long as they are not driving convictions? So hopefully this is the case!

the supervising officers also say once his unpaid work is done there is nothing really stopping us going on holiday, we normally go to Egypt and they don't ask about convictions on the visa or travel card, so the only problem there would be is if the supervising officers and police thought he was high risk? And they put a green notice?

but his social report was very positive and he would be travelling with myself as usual and staying with me, so don't know if it would be a problem! Unfortunately he got register for 5 years

Dadworry

Member since
October 2021

27 posts

Posted Fri October 8, 2021 10:11pmReport post

Thanks Lee!

it's not easy at the moment, as terrified of people finding out!

once his tag is off will be a little weight off, and hopefully it does get easier at time goes on?

just so many questions and what ifs at the moment!



but as you said hopefully if he just gets on with his supervisors things are relatively smooth!

Dadworry

Member since
October 2021

27 posts

Posted Fri October 8, 2021 11:00pmReport post

Hopefully lee!



He was in court on Monday for sentencing and there has been nothing yet! So fingers crossed.

Dadworry

Member since
October 2021

27 posts

Posted Fri October 8, 2021 11:26pmReport post

Thanks Lee! You have been so helpful today :) the local paper comes out on a wed, so that has been and gone so fingers crossed it won't be in next weeks! If it is we will just have to deal with it!

roll on 3 years from now when most of this all ends

Dadworry

Member since
October 2021

27 posts

Posted Sat October 9, 2021 5:27pmReport post

Any ideas on excuses to tell some family why he can't work right now or drive?

we normally go out as a family on a Tuesday night for a few drinks and my son would pick us up after work but he is on his tag so obviously cant?

can't say he's ill for 3 months! Any ideas?

Lola53

Member since
May 2021

269 posts

Posted Sun October 10, 2021 8:59amReport post

Dadworry, I've found that 'he's having a few mental health issues' works well - people generally don't want to pry further.

Smile through tears

Member since
September 2021

2558 posts

Posted Sun October 10, 2021 10:21amReport post

It is interesting to read a dads perspective on this... my other half is quietly very angry with my boy. I think he 'goes along' with our situation to keep as much harmony as you can in this situation.

Dadworry

Member since
October 2021

27 posts

Posted Sun October 10, 2021 9:07pmReport post

What's done is done! We just have to get on with things now!



hopefully now that sentencing is done we can get back to some sort of normal!



the social workers have said they will have weekly meetings for the first 3 months then it will be loss often?



does anyone know roughly how often they see him and also how often the random police visits are?