Magistrates court SHPO
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The police officer has given my person's solicitor the SHPO terms he's requesting. They are unbelievable! They include terms to prevent him from contact offending when the charge is a handful of cat C images and one B. Has anyone been through this and it turned out ok in the end? I thought SHPO could only relate to actual offenses and couldn't be harsher than necessary. This is likely to be dealt with a magistrates because it's lower end, but we've been told that can be worse because they have less legal understanding so might err on the harsh side. Any advice welcome.
I believe the restrictions on contact can be challenged if the offence was internet only
points 21 & 22 here (from the unlock site)
https://www.bailii.org/ew/cases/EWCA/Crim/2011/1772.html
I think you need to challenge the SHPO at this stage as it is really hard afterwards.
points 21 & 22 here (from the unlock site)
https://www.bailii.org/ew/cases/EWCA/Crim/2011/1772.html
I think you need to challenge the SHPO at this stage as it is really hard afterwards.
My husband had about 3 contact restrictions on there and we managed to get the solicitor to have them taken off he now only as online restrictions.make sure you try to get them off before sentencing because it's really hard to get them off after
Thanks for the advice. How did the solicitor get them taken off? Was it straightforward or a battle?
Sorry I can't help hedgehog, thanks k4, that's a really interesting link.
Your person's solicitor needs to fight them now before you get to sentencing. A lot can be worked out before you ever det foot in the court room
You are right, they are inappropriate and disproportionate restrictions and should not be in place
Does your solicitor have the knowledge and experience to deal with this?
You are right, they are inappropriate and disproportionate restrictions and should not be in place
Does your solicitor have the knowledge and experience to deal with this?
Solicitor is a specialist in these cases, yes, and has said the conditions are ridiculous, but even when these things are plainly wrong it seems sometimes there's nothing you can do. Why is the OIC allowed to suggest these conditions if the Court of Appeal has said they're no allowed in internet only cases? I just worry the magistrates might not know enough to go against the police - that's why I was asking if anyone has experience of this.
Hi Hedgehog,
We managed to say no to the SHPO in magistrates as we hadn't been given the paperwork 48 hours before (apprently they have to give you 48 hours to read through it) and also the whole SHPO wasn't in the CPS work so we couldn't read it all (it said whole report attached and we didn't get the attachment). The prosecution agreed that it could be sorted at Crown.
Our solicitor said he will argue if there are contact restructions on there as his bail conditions were all dropped. I think alot of it is copied and pasted by the police, I know they are snowed under with cases like this and more but it does make me a little angry when I read stuff and things like DOB and address are wrong.
We managed to say no to the SHPO in magistrates as we hadn't been given the paperwork 48 hours before (apprently they have to give you 48 hours to read through it) and also the whole SHPO wasn't in the CPS work so we couldn't read it all (it said whole report attached and we didn't get the attachment). The prosecution agreed that it could be sorted at Crown.
Our solicitor said he will argue if there are contact restructions on there as his bail conditions were all dropped. I think alot of it is copied and pasted by the police, I know they are snowed under with cases like this and more but it does make me a little angry when I read stuff and things like DOB and address are wrong.
We had the shpo conditions about a week before crown court appearance and I was the one who brought it up due to the information given on this forum. On the day she said she had gotten them taken off she did say when we mentioned it that we could try change it after but just be determined and say you want it doing now
My partner was sentenced in 2019 with rubbish support from his solicitor. He was given about a week beforehand the SHPO and included no contact clause with under 16s, despite he was charged with 'making' and distribution only.
He didn't know he could have had a good chance to appeal and by the time we realised that the clause isnt alway on every SHPO and should reflect offending, it was too late. He has recently been told that the 'excuse' that he didn't know he could appeal back then is not going to go down well. He is looking to have this clause removed at the half way point (five years). But will now cost thousands of pounds from more assessments and there is a two year delay in getting such requests resolved.
Definitely get clauses looked into by the solicitor and have it questioned during the court hearings. Or prepare to appeal. Otherwise it is very difficult to resolve later down the line
He didn't know he could have had a good chance to appeal and by the time we realised that the clause isnt alway on every SHPO and should reflect offending, it was too late. He has recently been told that the 'excuse' that he didn't know he could appeal back then is not going to go down well. He is looking to have this clause removed at the half way point (five years). But will now cost thousands of pounds from more assessments and there is a two year delay in getting such requests resolved.
Definitely get clauses looked into by the solicitor and have it questioned during the court hearings. Or prepare to appeal. Otherwise it is very difficult to resolve later down the line
Thank you all for your advice.