Can someone explain
Notifications OFF
Ny husband got a letter from his lawyer. The first part states that he has the 240 hours community payback order and 3 years with the social worker and 3 years on the register. Then it states, with his understanding of the legislation, that the police will undoubtedly say it’s 5 years. So why have the court said 3 years but the police might say differently? I hate how they are not on the same page. It's just ridiculous
Apparently he narrowly missed prison, which they said is down to his lawyer persuading the judge but before the hearing and at the meeting weeks before that the very good report from the CJSW, and the fact he told the truth and cyber report backs up it, it means he would not be looking at a custodial.
I hate this. It's so confusing
Apparently he narrowly missed prison, which they said is down to his lawyer persuading the judge but before the hearing and at the meeting weeks before that the very good report from the CJSW, and the fact he told the truth and cyber report backs up it, it means he would not be looking at a custodial.
I hate this. It's so confusing
To be honest I was a bit surprised when you've mentioned the sentence in the past as 3 years on SOR isn’t something I had ever seen before. As far as I was aware it is a set 2,5,7,10 years or indefinite based on the sentence received, I did wonder if it was different as correct me if I am worng your in Scotland.
Any community-based sentence should be 5 years on SOR.
Any community-based sentence should be 5 years on SOR.
Scotland seems to be different for sure we were 1 year register 1 year supervision
Yeah we are Scotland. I post too often lol.
It's all so confusing and I sit here like ummm what
It's all so confusing and I sit here like ummm what
I just looked at the Scottish Sentencing Councils (SSC) guidelines and it does seem that there is a slight difference in time frames for being under notification requirements between Scotland and England & Wales.
The SSC page states that where the person has received a community payback order with supervision the length of time on SOR is the same as the length of time they are subject to supervision for, which would explain Innerturmoil's one year on SOR and your three years. This differs from everything else I've seen about SOR timeframes where a community order would normally fall into the 5 year bracket.
Its possible your solicitor is potentially confusing Scottish and English law?
The SSC page states that where the person has received a community payback order with supervision the length of time on SOR is the same as the length of time they are subject to supervision for, which would explain Innerturmoil's one year on SOR and your three years. This differs from everything else I've seen about SOR timeframes where a community order would normally fall into the 5 year bracket.
Its possible your solicitor is potentially confusing Scottish and English law?
The relevant legislation is section 82(1) of the 2003 sexual offences act, amended in 2011 by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011.
The lawyer needs to read this, because it makes clear that CPOs in Scotland are treated differently. Because the CPO is 3 years, he is on the SOR for 3 years.
The police cannot alter the law. Whatever they say can be ignored.
The lawyer needs to read this, because it makes clear that CPOs in Scotland are treated differently. Because the CPO is 3 years, he is on the SOR for 3 years.
The police cannot alter the law. Whatever they say can be ignored.