21/05/24

Successful Application | Indefinite Sexual Harm Prevention Order Discharged

Successful Application | Indefinite Sexual Harm Prevention Order Discharged
Share

KANGS has recently represented a client in his successful application to Wood Green Crown Court to discharge an Indefinite Sexual Harm Prevention Order (‘the Order’) which was imposed in 2016.

Helen Holder of KANGS outlines the circumstances.

The Circumstances

Indefinite Sexual Harm Prevention Order

Our client sought a discharge, or, failing that, a variation of the length of the Sexual Harm Prevention Order.

Where an Indefinite Sexual Harm Prevention Order is attached by a court as part of the original Sentence, the conviction itself can never be regarded as ‘spent’ for so long as such Order remains operative.

Our client’s circumstances were such that the period of his conviction would be regarded as ‘spent’ had it not been for the continuance of the Order.

Accordingly, the conviction remained disclosable on a basic DBS Certificate, which had ongoing prejudicial consequences for our client when, for example, seeking new employment.

How We Assisted Our Client

Section 103E of the Sexual Offences Act 2003 enables a defendant to apply to the Court which imposed a Sexual Harm Prevention Order for its variation or discharge.
On behalf of our client, in the pursuit of a discharge or variation, the Team at KANGS:

  • obtained access to and considered in detail the original case papers,
  • attended our client taking substantial instructions including his circumstances since his conviction and sentence and the ongoing impact of the Order on his life,
  • liaised with our client’s Offender Manager at Avon and Somerset Police, discussing our client’s proposals,
  • prepared a detailed Witness Statement on behalf of our client containing all pertinent detail in support of his Application, which was served upon all relevant parties,
  • identified and instructed suitable Counsel to represent our client at Court.

How Can We Help?

KANGS Solicitors enjoys an enviable reputation gained from successfully defending clients accused of offences of a sexual nature over many years. Such work encompasses advising on Ancillary Orders of every nature which may be made at the time of sentence, such as Sexual Harm Prevention Orders.

If you are dealing with any kind of sexual offence allegation, it is crucial to seek advice, guidance, and support from an experienced solicitor. At KANGS, we are known for our strong and committed defence of our clients' rights. If you need assistance, our team would be delighted to help. Please contact us using the details below:

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 live conferencing or telephone.

Criminal Litigation, Regulatory
Firearms control in the UK is amongst the most stringent in the world with the result that offences involving firearms represent a small proportion of all criminal offences. The purchase, acquisition or possession of a firearm and ammunition, is managed by the issue of a certificate to an individual who has an acceptable reason to […]
20/06/24
Criminal Litigation
The Misuse of Drugs Act 1971 (‘the Act’) was established to provide a legal framework governing the use of controlled drugs and substances, provides: ‘It shall be the duty of the Advisory Council to keep under review the situation in the United Kingdom with respect to drugs which are being or appear to them likely […]
12/06/24
Criminal Litigation
In a previous article we focused upon section 1 & 31 of Part 1 of The National Security Act 2023 (‘the Act’) which is designed to counter the ever-changing security threat to the United Kingdom. In this article, John Veale outlines section 2 of Part 1 of the Act which deals with the offence of […]
11/06/24

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Old map of Birmingham