Can I have a SOPO/SHPO discharged or varied?
Are you one of the thousands of people who are subject to a Sexual Offences Prevention Order (SOPO) or as of March 2015 known as a Sexual Harm Prevention Orders (SHPO)?
Are you one of the many defendants whose notification period (signing on the Sex Offences Register) has expired but still having to sign on because there is a SOPO is in place, many years after the original offence?
Well if you are, then the law thinks it is necessary for you to be subject to one, to protect the public from ‘serious sexual harm’ and if in breach you can receive a term of imprisonment for up to five years.
Discharge/Vary Sexual Offences Prevention Order (SOPO)
Section 103 Sexual Offences Act gives the court discretion to vary or discharge such an order if the court is of the opinion that one of the following (non exhaustive factors) apply:-
- The subject is no longer considered a risk of serious sexual harm to members of the public.
- Such an order is disproportionate, particularly when considering the original offence that led to the imposition of the order.
- If it cannot be policed effectively,
- That is infringes fundamental human rights specifically Article 8 ECHR (right to a private and family life),
- That it infringes other rights such as the right to employment,
- That it is being used by the police to circumvent their procedures such as the use of search warrants,
- The risk may not have been properly identifiable and the wording of the order not reflective of this. For instance should those who have been convicted of viewing indecent images (non contact offence) then be subject to non contact conditions?
Alternatively are you unhappy at the way your offender manager is dealing with your case? – attending at your place of work, speaking to neighbours about your movements and activities?
Wehave extensive experience of such orders, having advised numerous clients in relation to these matters. We have successfully had many clients removed from the register and SOPO/SHPO orders discharged allowing them to move along with their lives. All enquiries are dealt with in a sensitive, confidential and professional manner.
Sexual Offences Prevention Orders (SHPO) Solicitors
If you are subject to a Sexual Harm Prevention Order or Sexual Harm Prevention Order or subject to the notification requirements and do not believe such an order is required, appropriate or just then please contact Ruth Peters of Olliers Solicitors by telephone on 0161 8341515, by email to firstname.lastname@example.org or complete the form below.