I'm now 15 years post-sentence and on SOR. PPU have always visited once a year, every time there's two of them and one sits on a laptop and I've always felt they have recorded said meetings even though I believe their remit for home visits is just to check I am resident, not to use it as an impromptu interview.

In these last fifteen years I have had a full surgical sex change. Never went for a Gender Recognition Certificate as it only changes the Birth Certificate which is only relevant if you need a passport, or want to get married, or want the right name on your death certificate, none of which matter to me.
As I was up for the 15yr point and could ask to be removed from the SOR I never considered it (I had the dates wrong and thought this wouldn't be relevant for another 6 months) PPU texted me and asked if I wanted to apply to come off the SOR.  I blindly agreed and put it a hastily-worded request.
Their first response was to say they had no record of a Gender Recognition Certificate on their records - why would they? It's a replacement for a Birth Cert and they definitely shouldn't be keeping copies of SO's birth certs.
Then they asked me to take a polygraph, which I flatly refused - reasons given being Ames fooling it twice, plus the Jeremy Kyle fiasco.

Unsurprisingly the decision came back not to remove me from SOR but now to add SHPO because part of my offence involved images and because I still used pcs...

Anyway my original question now is what is the legality of PPU using home visits to record you on their laptop as an unofficial formal interview? Am I within my rights to a) refuse to speak if that home visit's only remit is to check I live at the residence?
thanks

www.college.police.uk/app/major-investigation-and-public-protection/managing-sexual-offenders-and-violent-offenders/home-visits

Though, do bear in mind, as you will be aware, the officers have a tendency to make the rules up as they go along!

Well firstly they can't put you on a SHPO without taking you to court. They can request the court to give you a SHPO but you should be given the opportunity to challenge this.

Secondly if they refuse to take you off the SOR then I believe you can apply to a magistrates court for them to make a decision.

As you are only receiving yearly visits it suggests you are low risk so you might have a good chance of challenging their refusal to remove you from the SOR.

As for recording you. They can make notes as part of their visit but if they are video or voice recording this shouldn't be allowed. You would have to prove they were doing this though. 

From what you say I would consult a solicitor to challenge some these decisions 

Thank you both for your replies.

Lineofduty
Yes, that thought has been prominent - that they make it up as they go along, and also feign ignorance of their boundaries.

Richie
From a brief google, seems they only have to go to a magistrates. And probably without me being told in advance or with any chance to challenge it. Also notable they've closed all my local courts so not a small matter.

Recording - they are very careful for the laptop person to stay at the extreme other end of the room so I can't see what they're doing on it or get proof. Notable that I've never once seen them doing any typing on it, which is why I suspect they've been video or audio recording which, iirc, isn't part of the remit to check I still live here.

Will look into a solicitor but I'm in a tiny town which isn't well supported by crim sols.

The visit is a risk assessment, not just to verify your address. There should be notes made for their records of what the risk factors are and what is being done to manage those risks. So it is an interview. You are not obliged to say anything though. They could be making a recording, although that would have to be stored somewhere and it would be accessible through a SAR request.

To come off the SOR, you have to apply to the court. A judge makes that decision not the police. They can support your application or oppose it. Refusal to take a polygraph should not be held against you, if it is voluntary. To impose an SHPO, they need a good reason and again that would have to go to court. To do that without giving you a chance to put your side would probably be a breach of court procedures.

https://www.cps.gov.uk/legal-guidance/rape-and-sexual-offences-chapter-15-sexual-harm-prevention-orders-shpos

Can you detail what the SHPO states and what duration? Were you ever given a SHPO before?
It seems to me they have applied for the SHPO to prevent you from ending the SOR, Typically, SHPO's are given on the day of sentencing, but the Smith ruling states you must be given 2 or more days to review your SHPO before any hearing and make the necessary amendments to ensure the SHPO is "Smith compliant" before it is signed off by the Judge. Of course, most courts never do this unless you pay top £££ for a half decent solicitor.

It seems to me the PPU are just abusing the SHPO because you did not comply with them by refusing the polygraph, the fact you use a computer as stated by my solicitor. Should not be reason enough to impose a SHPO or further restrictions.

My advice would be, find out which court signed the SHPO and put in your application to discharge it.

punter99
Hard to find definitive answers either way, they told me the Chief Constable decides, and it was a Detective Superintendent who decided to deny my request. No court even involved at this stage.

I'd like to believe their application for an SHPO would give me an option to challenge it, but the way this country's gone I fully expect them to apply for it and the first I'll know about it is when it's dropped on me.

xDanx
As of last Friday there hasn't been an SHPO. Last Friday is when the local PPU dropped round the letter informing me that my request to come off SOR had been denied, and the reasons given were 1) the lack of a Gender Recognition Certificate 2) my refusal to take part in a polygraph, and 3) because my "index offence involved images and a computer, they had no way of knowing what [I] do on a computer beyond [my] word and that this posed more questions than answers that only an SHPO could provide."
This is the first time in fifteen years that the SHPO question has been raised and is what makes me think an SHPO is what they're planning.

I think it also narks them that I've maintained my innocence throughout.

I'd like to appeal against their SOR decision but as said I'm in a hick town 30 miles from the nearest magistrates court, and on ESA, so appealing this isn't going to be easy.

sorry, I was thinking about the SHPO, not the SOR

A decision to remove you from the SOR is made by the police, but you can appeal it within 21 days. So you have until 29th July.

'Offenders will have a period of 21 days beginning with the day on which they received the notice of determination to bring such appeal. They may do so by way of a complaint to the court. In accordance with section 8 of the Courts Act 2003, an appeal may be made to any magistrates’ court in a local justice area which includes any part of the police area in which the police made the notice of determination.'

google the nearest magistrates court to you and send a letter or an email to them as soon as you can. if you dont do the appeal now, you will have to wait another 8 years before you can apply again. 

So there is currently no SHPO in place yet but the plan is there potentially? I would like to think any decent Judge would just simply reject this as it has already been 15 years and are considered low risk. There is clearly no new evidence to suggest escalation to further offenses so it seems they are just abusing the SHPO in an attempt to prevent your SOR from ending.

Why do they even need a Cert for gender recognition? The notification requirements do not request it... it should be enough that if there was a name change and of course a change in gender. Then notification would be required.. the the Cert no. The fact you refused a polygraph and use a computer is not reason enough to reject you coming off the SOR. But because police control this it will need to be challenged in court.

Were you sentenced to an indefinite SOR or a total of 15 years?


On your last point... Cleverly I think this is what Police are banking on in order to extend the SOR another 8 years.

Question everything and get as much of everything in writing. I would even put in a Subject Access Request witih police asking for all your data they hold.

punter99
Nearest magistrates is about 30 miles south(!) They've closed all the local magistrates to me.

xDanx
Yep, no SHPO right now but the fact that they mentioned it in the SOR refusal makes me think it's in the offing.

GRC, yes the "why" was my thought too. I notified them at all stages of my transition, from name change, to change of all official documents, even in advance when I was away for surgery. Complied over and above what Notifications are required.

Basically it does seem refusing a polygraph and using a computer are what they consider reason enough. Hopefully they don't go through with it, but I don't trust any of these bastards any longer.
Sentence was an indefinite SOR via sentence of 4yrs.
Got a phone conversation with a solicitor on Monday morning.
Thanks both