How We Successfully Discharged an Indefinite SHPO & Helped a Client Move On
KANGS has successfully assisted our client obtain the discharge of an indefinite Sexual Harm Prevention Order (SHPO) which had been made against him.
Helen Holder of KANGS explains how this successful outcome was achieved.
What is a Sexual Harm Prevention Order?
A Sexual Harm Prevention Order (SHPO) is a Court Order which imposes restrictions upon the activities and behaviour of an individual, in order to protect the public from sexual harm.
A SHPO may be imposed at the time of conviction or at a later date for example, the release of an individual from prison, when it is considered that a risk of re-offending exists or the public needs protection.
The restrictions which may be imposed include prohibiting:
- contact with certain individuals including children,
- access to locations such as schools or playgrounds,
- specified employment,
- internet use or the possession of computers,
- change of address, without advising the police.
The Case in Focus
Our client initially approached us to discuss being subject to an indefinite SHPO imposed in 2015. Under the sentence received, he was required to comply with the notification requirements for a period of ten years. Those years had now passed. However, because the SHPO was indefinite, the notification requirements continued.
Section 103E of the Sexual Offences Act 2003 enables various individuals, including the defendant, to apply to the appropriate court for an Order varying, renewing or discharging a SHPO.
How We Assisted Our Client
Having considered and discussed our client’s circumstances with him, we advised that the restrictions imposed by the SHPO no longer appeared proportionate or necessary, and that an Application could be made to the court for its discharge.
Accordingly, to ensure a thorough and persuasive Application we:
- took detailed instructions from our client concerning all aspects of his life and activities since conviction, and the detrimental impact upon him of the continuing restrictions,
- obtained and examined copies of all relevant documents from the Court relating to the client’s 2015 conviction,
- liaised with our client’s offender manager in order to establish our client’s conduct and rehabilitation since his conviction,
- prepared and served all necessary supportive documents,
- identified and instructed appropriately experienced counsel to represent our client at court.
- attended all necessary meetings with both our client and counsel.
The Successful Outcome
At the Hearing of our client’s Application, the Judge, after considering in detail the comprehensive documents carefully prepared by the team at KANGS agreed that the continuance of the SHPO was no longer justifiable and ordered that it should be discharged.
Naturally, our client was delighted with this outcome and the removal of the restrictions which had become such a burden on his life stating:
"I just wanted to once again thank Helen and the team for all the hard work done over the last few months. I finally have my life back and it means so much to me.”
How Can We Help?
Any allegation of sexual misconduct can be overwhelming and create a challenging time for the accused, their family and friends. It may also adversely affect employment or lead to business difficulties.
Our specialist solicitors are highly experienced in handling allegations of sexual offences of every conceivable nature. They meticulously guide clients through every stage of the legal process, ensuring they are fully informed of their rights, the options available to them and the most appropriate manner in which to proceed to ensure that the best available outcome is achieved.
If you require assistance, please do not hesitate to contact us using the details provided 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 video conferencing or telephone.
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