Family and Friends Forum

Fatso

Member since
November 2019

107 posts

Posted Mon November 1, 2021 10:18pmReport post

I am just trying to find out , does anyone now if you can come off SOR early, my son is in custody and he has heard that there is a charity trying to get this this reduced to suit the crime, at the moment all offenders get the same.

Notalone1970

Member since
May 2021

98 posts

Posted Tue November 2, 2021 6:29pmReport post

Hi fatso

pas lee has pointed out time on the register is determined by the sentence given by the court. These time frames are writen in law in the sexual offences act, no one not even a judge can overrule these time frames.

If placed on the register for 2/5/7 or 10 yrs ( if under 18 at time of sentencing periods are cut in half) there is no mechanism to appeal to come of the register early.

The only mechanism in place to apply to come off the register early is if you are placed on the register for an indefinite period the rules state that a person on the register for an indefinite period can make an application once they have been on the register for 15 years to be removed.

the only way some once on it for 2/5/7 or 10 yrs would be able to try and come off it early would require a change in the law, which will not happy, someone that he's on the register for an indefinite period he's only allowed to apply to come off after 15 years due to a challenge under the human rights act which was successful in the courts so the government had to act which is why they brought in the 15 year mechanism

Fatso

Member since
November 2019

107 posts

Posted Tue November 2, 2021 9:32pmReport post

What i would like to lnow is why rapists get the same time on SOR as someone with a communicaion offence.

Notalone1970

Member since
May 2021

98 posts

Posted Wed November 3, 2021 5:53pmReport post

Because time on the register is decided by sentence given by the court not the nature of the offence

majestictopaz

Member since
December 2019

499 posts

Posted Thu November 4, 2021 12:43amReport post

I think SHPO can be reduced. My partner has been told he could apply after five years. But from the other comments the SOR might still be in place. We haven't got that far yet tho

Fatso

Member since
November 2019

107 posts

Posted Thu November 4, 2021 5:56pmReport post

ok i understand, so why are rapists are given a long sentence but why men with images or communiction offence specially when it is a decoy.

Just so mad today, my son has lost everything, i thought my sister was going to support me but she has told me my son will not be allowed to see her daughter's children.I know he did wrong but he has paid the price and should be allowed to move on.

Notalone1970

Member since
May 2021

98 posts

Posted Thu November 4, 2021 5:56pmReport post

A SHPO should not run for longer than a person is on the register for, if it does then the courts have broken the own rules and you can take it back to be amended.

a SHPO can be taken back to court at any time to have applications made for amendments, you do not need to inform the police that you are doing this.

the only time you have to let the police know is if you are trying to have the SHPO discharged, and then only have to do this if it's been less than 5 yrs since it's been given, if under 5 yrs the police have to give consent to the discharge before it can go befor a judge. if it's been more than 5 yrs then you do not need to inform the police that you are making an application to h ave it discharged, the courts will decide them selves.

remeber that while a SHPO is in place it stops a conviction from becomming spent

if a SHPO duration is longer than the time placed on the register it keeps a person on the register untill the SHPO is discharged

if a person is on the register for life then before they make an application to come off at the 15 yrs mark the SHPO has to have been discharged before the application is made to come off the register