Family and Friends Forum

Spent convictions declaration changes

Notifications OFF

Life feels over

Member since
September 2022

412 posts

Posted Mon February 19, 2024 10:40pmReport post

Quick post for information about changes for those unaware.
https://unlock.org.uk/spending-periods-have-changed/

Edited Mon February 19, 2024 10:40pm

edel2020

Member since
March 2022

375 posts

Posted Tue February 20, 2024 10:52amReport post

I'm sorry to say that this change isn't going to help most of our people. If anybody is given an SHPO, then their conviction won't be spent until the SHPO is finished.

So if someone is given a 10 month suspended sentence for iioc, for example, plus a 10 year SHPO, then their conviction will not be spent for 10 years.

But if they received the same sentence for possessing drugs, then they would be spent in just 22 months.

Inturmoil1974

Member since
November 2022

279 posts

Posted Tue February 20, 2024 10:59pmReport post

Sorry for my ignorance oh just recently sentenced he has 180 hours community payback, 1 year supervision 1 year on sor, am I right in saying once the year is up that's it??

Inthemoment

Member since
February 2023

358 posts

Posted Tue February 20, 2024 11:38pmReport post

Yes, unless he has a shpo. Your conviction can be spent when you are still on the SOR but not when you have a live SHPO

Sad mum

Member since
November 2021

8 posts

Posted Wed February 21, 2024 9:56amReport post

Morning all you lovely ladies

what if my son got a 12 month community service and 5 years sor and 5 year Shpo . When would it be spent 5 years or the original 6 years

thanks in advance xx

edel2020

Member since
March 2022

375 posts

Posted Wed February 21, 2024 10:04amReport post

Sad Mum

The community sentence, the SHPO and the SOR all start at the same time. So it would be 5 years from the date of sentencing.

Seaside

Member since
July 2022

561 posts

Posted Wed February 21, 2024 11:04amReport post

I'm a bit confused about this- my son signed the register for the first time in December 2022 after plea hearing at magistrates court but before sentencing at crown court in January 2023.

He was given a 3 year community order and 5 years on SOR and SHPO so my understanding was that the 3 years would end in January 2026 and the 5 years would end in December 2027 is that correct?

When he went to sign the register in December last year they told him he had 4 years left.

Inthemoment

Member since
February 2023

358 posts

Posted Wed February 21, 2024 12:50pmReport post

Because the SHPO was granted in the January, it would not be spent until the SHPO ends. It is a frustration isn't it that they sign the SOR after plea, but the rest of the punishment starts later at sentencing

Inturmoil1974

Member since
November 2022

279 posts

Posted Wed February 21, 2024 2:20pmReport post

He has no shpo, is that normal

Louise49

Member since
January 2021

494 posts

Posted Wed February 21, 2024 6:14pmReport post

So my OH signed the SOR after his first plea hearing which was June last year. He's not even had a sentence hearing yet, it's due in April ( if it doesn't get cancelled! 5th one!) so if he got a 10 year SHPO does that mean his SOR will be the same so in fact he'll have been on the SOR 11 years nearly by the time they are spent?! Is that right?

Edited Wed February 21, 2024 6:14pm

Inthemoment

Member since
February 2023

358 posts

Posted Wed February 21, 2024 6:19pmReport post

Really unusual inturmoil - means it will be spent really quickly as soon as the community order has finished. We also avoided a SHPO but the community order is 3 years so will be spent then, the SOR will continue for another two years but has no bearing on the conviction being spent

edel2020

Member since
March 2022

375 posts

Posted Thu February 22, 2024 10:53amReport post

Louise49

The SOR and the SHPO really ought to end at the same time. But it's up to the judge to decide how long the SHPO is for, or even if an SHPO is required at all.

I would make sure that his legal rep brings this to the attention of the judge, when sentencing takes place. Because there has been such a long gap, they should take account of it and reduce the length of the SHPO. But you might even argue that the fact he has gone so long without an SHPO and he has not reoffended, shows an SHPO isn't actually needed in his case. A good barrister should be looking to avoid an SHPO if they can, but unfortunately a lot of them don't.