Sexual Offences Prevention Order Discharged to the Delight of Our Client
KANGS has successfully secured the discharge of a Sexual Offences Prevention Order (SOPO) for our client. The Order was imposed upon him in 2013 following his conviction arising from a single incident in 2012.
Helen Holder of KANGS outlines the circumstances of the case and explains how this successful outcome was achieved.
Background
Our client who was in his late teens at the time of offending, was convicted in April 2013 after pleading guilty to four offences involving sexual activity with a child.
He was sentenced to thirty-two months imprisonment and placed on the Sex Offender Register for ten years. The SOPO was imposed until such time as the court issued a further Order.
The Nature of the Sexual Offences Prevention Order
The SOPO meant that our client remained on the Sex Offender Register even after the ten years expiration period, pending any further Court Order. It also contained restrictive prohibitions regulating our client’s conduct, including, knowingly:
- being alone in the company of any female person under the age of sixteen years, unless authorised in writing by a police officer from the relevant public protection unit,
- being within any private place including a private dwelling and a car with any female person under the age of sixteen years save where:
- there is another adult present who is aware of his past offending and consents; or
- a police officer from the relevant public protection unit has consented in writing.
- communicating with or contacting any female person under the age of sixteen years by writing, telephone, internet, text or email unless authorised in writing by a police officer from the relevant public protection unit,
- residing or spending the night in a dwelling where a female person under the age of sixteen lives unless:
- a parent or guardian of that young person is present and is aware of his past offending and consents, or
- authorised in writing by a police officer from the relevant public protection unit.
- contacting, directly or indirectly, by any means whatsoever with the victim or any member of her family.
How We Assisted Our Client
Our client informed us that he wished to apply for the removal of the SOPO, given the time that had passed since the incident and his subsequent rehabilitation.
However, from the outset, he explained that a further complication had arisen as he had failed to comply with Notification Requirements by travelling abroad without informing the police. As the result, he was charged and after pleading guilty before the Magistrates’ Court, received a fine.
In preparing our client’s Application for removal of the SOPO, the team at KANGS:
- met with our client by video conference to discuss in detail all pertinent matters such as his convictions, his rehabilitation since the SOPO was imposed, his employment and family circumstances, his engagement with his offender manager, and the impact that the SOPO was having upon him,
- having carefully considered his position, advised that the continuance of the SOPO no longer appeared to be proportionate or necessary,
- advised upon the form of Application which could be made to the Court under Section 103E of the Sexual Offences Act 2003, notwithstanding his recent conviction for failing to comply with his Notification Requirements.
The Court Application
The team at KANGS prepared the requisite Application, which was accompanied by a comprehensive, detailed Witness Statement dealing with various factors, including:
- the considerable passage of time since the original offending,
- our client's positive rehabilitation, stable employment and settled family life,
- his ongoing engagement with all offender management processes,
- his low risk of further offending assessment,
- the continuing adverse impact of the Prevention Order upon his family life and everyday activities,
- the absence of any continuing need for restrictive measures to protect the public.
The Successful Removal of the SOPO
The Application and Witness Statement were served on our client’s offender manager who subsequently confirmed that, having considered the detailed material prepared by KANGS, the police were not going to oppose the Application.
Accordingly, the documents were served on the Court, which formally ordered the discharge of the Sexual Offences Prevention Order.
This successful Application brought to an end many years of stress and worry for our client, who commented:
“Thank you so, so much for all the hard work to accomplish what we wanted! I can’t thank you enough, onwards and upwards!”
How Can We Help You?
Applications to vary or discharge a Sexual Offences Prevention Order (SOPO) require careful preparation. The contents and basis of every Application depends entirely on its individual circumstances, including the nature of the offending, the severity of the sentence imposed and the conditions of the SOPO.
KANGS has extensive experience representing clients who wish to vary or discharge a SOPO. Our team provides clear, practical advice at every stage of the process, including reviewing the terms and continuing necessity of an order, to preparing the application, obtaining the views of an offender manager and submissions to the Court.
If you require advice regarding a SOPO or allegations of a sexual offence, please contact our specialist team for confidential advice.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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