theForum is run by the charity Unlock. We do not actively moderate, monitor or edit contributions but we may intervene and take any action as we think necessary. Further details can be found in our terms of use. If you have any concerns over the contents on our site, please either register those concerns using the report-a-post button or email us at forum@unlock.org.uk.


Start date for conviction?


Start date for conviction?

Author
Message
JASB
JASB
Supreme Being
Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)

Group: Awaiting Activation
Posts: 1.2K, Visits: 1.9K
Richie - 20 Jul 26 10:04 PM
JASB - 20 Jul 26 10:40 AM
Hi

This is an old post of mine that in essence has being revolving around the "relevant date" in regard to when the initial signing for a SOR requirement begins. For those who don't know I signed my initial SOR in court (then again in a Police station the 2 days later after a change of address) on the day of my guilty plea, then placed on bail for 11 months whilst waiting sentencing. My sentence included 2yrs inside; so SOR indefinite.

For the last decade I have been trying to resolve when the date is I can apply for discharge (15yr point).
This year I finally got an agreement with the Force solicitor that my "relevant date" was when I signed in the Court and not when I was released on licence.

I've have just had an email from my new OM saying that she has taken over, something she assumed I knew, and that the date for my application is basically a year later that agreed ie 15 years starts from my release!
Obviously I immediately called her and followed up with an email, informing her (politely) that she has made a mistake. Her reply was that she will start the process once again to get an agreement. 

The warning I suppose I am making to everyone is that please ensure you keep records of all your conversations, agreements etc as I share the above knowing I have discovered false entries in my Police file, that my Court and Police files where lost somewhere between them and the archives, and that information is not pasted between OMs!

The strange thing is that there has been so many incidents of the system defending itself and original decisions yet even the Judge who discharged my SOPO conditions years ago has questioned why I am still on the SOR? trouble is I cant contest my sentence!

I will keep you updated but please heed my advice.

I don't think Offender Managers understand the law correctly. When I was going for my SHPO removal I told her I was doing this so that my conviction would be spent. She then told me that my conviction wouldn't be spent anyway as I am subject to SOR. Once that was cleared up there was another discussion that even if my conviction was spent that I would still not have a clean DBS as my conviction would always show as it is never removed, which was incorrect as it would only show on a standard and enhanced DBS not a basic DBS which is required for majority of jobs. 

Where possible I do try to get things in writing now. I was told last year when I had a visit they had no idea I was doing a particular thing at work, despite this being discussed and agreed with my previous OM. There are many times when it suits them to have selective amnesia.

They also tried to stop me from going on a family holiday last year claiming that Children Services had told them that I couldn't go on family holidays, despite there being no such agreement in any of my paperwork or discussions with Children Services barring this. This was something that appeared to have been stated by my previous OM which then became fact.

I sympathise about how hard they are to deal with. 

I am sorry you are having trouble getting a definite date for when you can start your application for discharge but hopefully it will get sorted out. The whole system is set up to be so complicated, it should be a relatively easy thing to give a date for when this can happen.

Hi thank you for your reply.

I am always amazed how some OM's do not realise that being an ex offender doesn't mean they are not capable of being "organised".
A previous OM actually emailed be confirming a matter, then wrote on my Police file he had told me the complete opposite. This single email has become very powerful.

I appreciate that with the ever increasing amount of individuals be placed on the SOR that they can become overwhelmed. Also for a couple of years now I have/do not get visits etc. In ways the only interaction is when I tell them Iv'e completed a "signing" for whatever reason.

I'm trying to call the OM who informed me of the confirmation but his mobile is off but I did include him in my email to the new OM so hopefully he has informed her of the error.  

Society suggests I must let go of all my expectations but I disagree, as whilst I have a voice, I have hope.

Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
------------------------------

This forum supports these words, thank you Unlock and your contributors.

JASB
JASB
Supreme Being
Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)

Group: Awaiting Activation
Posts: 1.2K, Visits: 1.9K
AB2014 - 20 Jul 26 11:11 AM
JASB - 20 Jul 26 10:40 AM
Hi

This is an old post of mine that in essence has being revolving around the "relevant date" in regard to when the initial signing for a SOR requirement begins. For those who don't know I signed my initial SOR in court (then again in a Police station the 2 days later after a change of address) on the day of my guilty plea, then placed on bail for 11 months whilst waiting sentencing. My sentence included 2yrs inside; so SOR indefinite.

For the last decade I have been trying to resolve when the date is I can apply for discharge (15yr point).
This year I finally got an agreement with the Force solicitor that my "relevant date" was when I signed in the Court and not when I was released on licence.

I've have just had an email from my new OM saying that she has taken over, something she assumed I knew, and that the date for my application is basically a year later that agreed ie 15 years starts from my release!
Obviously I immediately called her and followed up with an email, informing her (politely) that she has made a mistake. Her reply was that she will start the process once again to get an agreement. 

The warning I suppose I am making to everyone is that please ensure you keep records of all your conversations, agreements etc as I share the above knowing I have discovered false entries in my Police file, that my Court and Police files where lost somewhere between them and the archives, and that information is not pasted between OMs!

The strange thing is that there has been so many incidents of the system defending itself and original decisions yet even the Judge who discharged my SOPO conditions years ago has questioned why I am still on the SOR? trouble is I cant contest my sentence!

I will keep you updated but please heed my advice.

Sorry to hear that the local plod are being awkward again. Maybe she just doesn't understand the concept of "outranked". In any case, either she understands the law and agrees with the force solicitor or she doesn't understand, in which case there's not much she can do. It's not for her to restart any processes to get an agreement that suits her when that agreement was signed off by someone of higher rank.

Hi

I fully agree but what I am also disappointed in is that the previous Om who had confirmed the agreed "relevant date" was included in the email and did not respond to her over the error.

As of today I am still awaiting her reply to my email showing the previously agreed date.

We will get there and thanks

Society suggests I must let go of all my expectations but I disagree, as whilst I have a voice, I have hope.

Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
------------------------------

This forum supports these words, thank you Unlock and your contributors.

Richard
Richard
Supreme Being
Supreme Being (18K reputation)Supreme Being (18K reputation)Supreme Being (18K reputation)Supreme Being (18K reputation)Supreme Being (18K reputation)Supreme Being (18K reputation)Supreme Being (18K reputation)Supreme Being (18K reputation)Supreme Being (18K reputation)

Group: Forum Members
Posts: 101, Visits: 940
JASB - 20 Jul 26 10:40 AM
Hi

This is an old post of mine that in essence has being revolving around the "relevant date" in regard to when the initial signing for a SOR requirement begins. For those who don't know I signed my initial SOR in court (then again in a Police station the 2 days later after a change of address) on the day of my guilty plea, then placed on bail for 11 months whilst waiting sentencing. My sentence included 2yrs inside; so SOR indefinite.

For the last decade I have been trying to resolve when the date is I can apply for discharge (15yr point).
This year I finally got an agreement with the Force solicitor that my "relevant date" was when I signed in the Court and not when I was released on licence.

I've have just had an email from my new OM saying that she has taken over, something she assumed I knew, and that the date for my application is basically a year later that agreed ie 15 years starts from my release!
Obviously I immediately called her and followed up with an email, informing her (politely) that she has made a mistake. Her reply was that she will start the process once again to get an agreement. 

The warning I suppose I am making to everyone is that please ensure you keep records of all your conversations, agreements etc as I share the above knowing I have discovered false entries in my Police file, that my Court and Police files where lost somewhere between them and the archives, and that information is not pasted between OMs!

The strange thing is that there has been so many incidents of the system defending itself and original decisions yet even the Judge who discharged my SOPO conditions years ago has questioned why I am still on the SOR? trouble is I cant contest my sentence!

I will keep you updated but please heed my advice.

I don't think Offender Managers understand the law correctly. When I was going for my SHPO removal I told her I was doing this so that my conviction would be spent. She then told me that my conviction wouldn't be spent anyway as I am subject to SOR. Once that was cleared up there was another discussion that even if my conviction was spent that I would still not have a clean DBS as my conviction would always show as it is never removed, which was incorrect as it would only show on a standard and enhanced DBS not a basic DBS which is required for majority of jobs. 

Where possible I do try to get things in writing now. I was told last year when I had a visit they had no idea I was doing a particular thing at work, despite this being discussed and agreed with my previous OM. There are many times when it suits them to have selective amnesia.

They also tried to stop me from going on a family holiday last year claiming that Children Services had told them that I couldn't go on family holidays, despite there being no such agreement in any of my paperwork or discussions with Children Services barring this. This was something that appeared to have been stated by my previous OM which then became fact.

I sympathise about how hard they are to deal with. 

I am sorry you are having trouble getting a definite date for when you can start your application for discharge but hopefully it will get sorted out. The whole system is set up to be so complicated, it should be a relatively easy thing to give a date for when this can happen.
AB2014
AB2014
Supreme Being
Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)

Group: Forum Members
Posts: 1.3K, Visits: 8.9K
JASB - 20 Jul 26 10:40 AM
Hi

This is an old post of mine that in essence has being revolving around the "relevant date" in regard to when the initial signing for a SOR requirement begins. For those who don't know I signed my initial SOR in court (then again in a Police station the 2 days later after a change of address) on the day of my guilty plea, then placed on bail for 11 months whilst waiting sentencing. My sentence included 2yrs inside; so SOR indefinite.

For the last decade I have been trying to resolve when the date is I can apply for discharge (15yr point).
This year I finally got an agreement with the Force solicitor that my "relevant date" was when I signed in the Court and not when I was released on licence.

I've have just had an email from my new OM saying that she has taken over, something she assumed I knew, and that the date for my application is basically a year later that agreed ie 15 years starts from my release!
Obviously I immediately called her and followed up with an email, informing her (politely) that she has made a mistake. Her reply was that she will start the process once again to get an agreement. 

The warning I suppose I am making to everyone is that please ensure you keep records of all your conversations, agreements etc as I share the above knowing I have discovered false entries in my Police file, that my Court and Police files where lost somewhere between them and the archives, and that information is not pasted between OMs!

The strange thing is that there has been so many incidents of the system defending itself and original decisions yet even the Judge who discharged my SOPO conditions years ago has questioned why I am still on the SOR? trouble is I cant contest my sentence!

I will keep you updated but please heed my advice.

Sorry to hear that the local plod are being awkward again. Maybe she just doesn't understand the concept of "outranked". In any case, either she understands the law and agrees with the force solicitor or she doesn't understand, in which case there's not much she can do. It's not for her to restart any processes to get an agreement that suits her when that agreement was signed off by someone of higher rank.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

JASB
JASB
Supreme Being
Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)

Group: Awaiting Activation
Posts: 1.2K, Visits: 1.9K
Hi

This is an old post of mine that in essence has being revolving around the "relevant date" in regard to when the initial signing for a SOR requirement begins. For those who don't know I signed my initial SOR in court (then again in a Police station the 2 days later after a change of address) on the day of my guilty plea, then placed on bail for 11 months whilst waiting sentencing. My sentence included 2yrs inside; so SOR indefinite.

For the last decade I have been trying to resolve when the date is I can apply for discharge (15yr point).
This year I finally got an agreement with the Force solicitor that my "relevant date" was when I signed in the Court and not when I was released on licence.

I've have just had an email from my new OM saying that she has taken over, something she assumed I knew, and that the date for my application is basically a year later that agreed ie 15 years starts from my release!
Obviously I immediately called her and followed up with an email, informing her (politely) that she has made a mistake. Her reply was that she will start the process once again to get an agreement. 

The warning I suppose I am making to everyone is that please ensure you keep records of all your conversations, agreements etc as I share the above knowing I have discovered false entries in my Police file, that my Court and Police files where lost somewhere between them and the archives, and that information is not pasted between OMs!

The strange thing is that there has been so many incidents of the system defending itself and original decisions yet even the Judge who discharged my SOPO conditions years ago has questioned why I am still on the SOR? trouble is I cant contest my sentence!

I will keep you updated but please heed my advice.

Society suggests I must let go of all my expectations but I disagree, as whilst I have a voice, I have hope.

Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
------------------------------

This forum supports these words, thank you Unlock and your contributors.

JASB
JASB
Supreme Being
Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)

Group: Awaiting Activation
Posts: 1.2K, Visits: 1.9K
AB2014 - 26 Sep 23 3:56 PM
JASB - 26 Sep 23 2:54 PM
AB2014 - 26 Sep 23 9:24 AM
JASB - 25 Sep 23 12:35 PM
Hi both
Thanks for reply but just for clarity I wasn't meaning the "SOR Relevant date" (date the 15 yrs clock starts) as I am sure you remember the conversations I am having with all "legal" authorities on that point. For ref though the 15yr clock starts on the date you first sign the SOR, which in the normal case is after you are released from Prison, as you normally get sentenced and go straight to jail.

In my case, and as the example in the Pt 2 guidance of the SO Act, the victim being under 18 and the duration between conviction and sentencing being so long, my "Relevant date" started when I signed the day after my guilty plea / conviction date and not the date I was released and signed in the local Police station.

This topic came to mind when i was using the Unlock calculator and thought "what is the actual date of my conviction? Guilty plea in Court or the sentencing date?

Personally I think I been under the wrong understanding and it is the prior and not later date.

Just wanted others opinion though.

The system sees the date when you were found guilty as the date of conviction. The law specifically says that any time spent in prison in relation to the offence is not included in the fifteen years. I'm sure I've said this before, but the law makes no mention of the age of the victim when calculating any dates or length of notification period. That's about it. There have been discussions about Home Office guidance, but that is not law. The Home Secretary has the power to amend the notification periods established by law, but that has to be done through the law, not through guidance.

Hi
If you look at the  guidance on Pt 2 of the SO Act 2003 - Sept 2018 Page 11 - 13 you will see the example that shows the "relevant date" as I mentioned in my case. The College of Police policy, HO Sex Offender management tean and Unlock also agree.

---------------------------
Establishing the “relevant date”
For most offenders, the “relevant date” is the date of conviction, caution, finding etc. for an offence listed in Schedule 3. The notification period begins at the relevant date.
However, section 132 clarifies that where an offence in Schedule 3 has a sentence (or other disposal, e.g. hospital order) threshold, the offender is to be regarded as having a
conviction or a relevant finding for the offence only when a threshold is met. Essentially, the notification requirements will only apply where the thresholds are met and
this may not be known until the offender is dealt with by the court. Therefore, a person should only be treated as convicted for a relevant offence when any applicable sentence
threshold is met. For example, paragraph 18 of Schedule 3 specifies that an adult offender only becomes subject to the notification requirements for the offence of sexual assault (section 3 of the
12 2003 Act) when:
• The victim was under 18, or
• The offender is, in respect of the offence, sentenced to a term of imprisonment, detained in a hospital or sentenced to a 12 month community sentence.
For example, three adult offenders are convicted of sexual assault on 1 June. The first offender committed the offence against a child under the age of 18; therefore his “relevant
date” would be 1 June regardless of the sentence he subsequently receives (
other than an absolute discharge) on that or a later date. The second offender committed the
offence against someone aged 18 or over and on 1 July he is sentenced to a term of imprisonment; therefore his “relevant date” would be 1 July. The third offender also
committed the offence against someone aged 18 or over and he too is sentenced on 1 July but only receives a six months community punishment for the offence; therefore he
does not meet the threshold and does not become subject to the notification requirements.
There exists the possibility that an offender is convicted of an offence for which there is no sentence or disposal threshold and on a later date is given an absolute discharge by the
court. Absolute discharges do not trigger the notification requirements. If this happens, the offender will have to comply with the notification requirements from the relevant date but
will cease to have to comply when he receives an absolute discharge.
-----------------------------------------
cheers and hope you agree

I've had a (relatively) quick look at that list. It certainly is a very long list, and has all sorts of conditions and thresholds in it. It looks like you're right, though. Even so, if someone is convicted and then bailed to reappear in court for sentencing and is directed to notify by the police within three days, that ought to count for something. After all, they can't be required to notify if they're not actually eligible to notify, if you see what I mean. If they are later given a sentence that makes them a relevant offender, they can't be expected to start all over again. I'm happy to agree that the relevant police officer(s) might have exceeded their authority, if the conviction didn't eventually lead to the convicted person being a relevant offender. After all, people can be convicted years later of historic offences, so why not credit people for historic notification? In theory, if the sentence doesn't meet the threshold, any supposed notification requirement should end immediately. Does it in practice, though?

Hi
Couldn't say it better.
A previous OM agreed with me and fought my case but the Force Solicitor and MOS... (whatever the initials are Smile) did ignore this and deflected their replies to supporting my SOPO discharge. 
There is a big justice bill change coming through - possibly in new year so I' hoping they support the SOR recommendation that the Police can recommend a discharge of an SOR requirement at the 10 yr point if someone is suitable.

Lets all hope they see the common sence in the amendments.

Take care

Society suggests I must let go of all my expectations but I disagree, as whilst I have a voice, I have hope.

Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
------------------------------

This forum supports these words, thank you Unlock and your contributors.

AB2014
AB2014
Supreme Being
Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)

Group: Forum Members
Posts: 1.3K, Visits: 8.9K
JASB - 26 Sep 23 2:54 PM
AB2014 - 26 Sep 23 9:24 AM
JASB - 25 Sep 23 12:35 PM
Hi both
Thanks for reply but just for clarity I wasn't meaning the "SOR Relevant date" (date the 15 yrs clock starts) as I am sure you remember the conversations I am having with all "legal" authorities on that point. For ref though the 15yr clock starts on the date you first sign the SOR, which in the normal case is after you are released from Prison, as you normally get sentenced and go straight to jail.

In my case, and as the example in the Pt 2 guidance of the SO Act, the victim being under 18 and the duration between conviction and sentencing being so long, my "Relevant date" started when I signed the day after my guilty plea / conviction date and not the date I was released and signed in the local Police station.

This topic came to mind when i was using the Unlock calculator and thought "what is the actual date of my conviction? Guilty plea in Court or the sentencing date?

Personally I think I been under the wrong understanding and it is the prior and not later date.

Just wanted others opinion though.

The system sees the date when you were found guilty as the date of conviction. The law specifically says that any time spent in prison in relation to the offence is not included in the fifteen years. I'm sure I've said this before, but the law makes no mention of the age of the victim when calculating any dates or length of notification period. That's about it. There have been discussions about Home Office guidance, but that is not law. The Home Secretary has the power to amend the notification periods established by law, but that has to be done through the law, not through guidance.

Hi
If you look at the  guidance on Pt 2 of the SO Act 2003 - Sept 2018 Page 11 - 13 you will see the example that shows the "relevant date" as I mentioned in my case. The College of Police policy, HO Sex Offender management tean and Unlock also agree.

---------------------------
Establishing the “relevant date”
For most offenders, the “relevant date” is the date of conviction, caution, finding etc. for an offence listed in Schedule 3. The notification period begins at the relevant date.
However, section 132 clarifies that where an offence in Schedule 3 has a sentence (or other disposal, e.g. hospital order) threshold, the offender is to be regarded as having a
conviction or a relevant finding for the offence only when a threshold is met. Essentially, the notification requirements will only apply where the thresholds are met and
this may not be known until the offender is dealt with by the court. Therefore, a person should only be treated as convicted for a relevant offence when any applicable sentence
threshold is met. For example, paragraph 18 of Schedule 3 specifies that an adult offender only becomes subject to the notification requirements for the offence of sexual assault (section 3 of the
12 2003 Act) when:
• The victim was under 18, or
• The offender is, in respect of the offence, sentenced to a term of imprisonment, detained in a hospital or sentenced to a 12 month community sentence.
For example, three adult offenders are convicted of sexual assault on 1 June. The first offender committed the offence against a child under the age of 18; therefore his “relevant
date” would be 1 June regardless of the sentence he subsequently receives (
other than an absolute discharge) on that or a later date. The second offender committed the
offence against someone aged 18 or over and on 1 July he is sentenced to a term of imprisonment; therefore his “relevant date” would be 1 July. The third offender also
committed the offence against someone aged 18 or over and he too is sentenced on 1 July but only receives a six months community punishment for the offence; therefore he
does not meet the threshold and does not become subject to the notification requirements.
There exists the possibility that an offender is convicted of an offence for which there is no sentence or disposal threshold and on a later date is given an absolute discharge by the
court. Absolute discharges do not trigger the notification requirements. If this happens, the offender will have to comply with the notification requirements from the relevant date but
will cease to have to comply when he receives an absolute discharge.
-----------------------------------------
cheers and hope you agree

I've had a (relatively) quick look at that list. It certainly is a very long list, and has all sorts of conditions and thresholds in it. It looks like you're right, though. Even so, if someone is convicted and then bailed to reappear in court for sentencing and is directed to notify by the police within three days, that ought to count for something. After all, they can't be required to notify if they're not actually eligible to notify, if you see what I mean. If they are later given a sentence that makes them a relevant offender, they can't be expected to start all over again. I'm happy to agree that the relevant police officer(s) might have exceeded their authority, if the conviction didn't eventually lead to the convicted person being a relevant offender. After all, people can be convicted years later of historic offences, so why not credit people for historic notification? In theory, if the sentence doesn't meet the threshold, any supposed notification requirement should end immediately. Does it in practice, though?

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

JASB
JASB
Supreme Being
Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)

Group: Awaiting Activation
Posts: 1.2K, Visits: 1.9K
AB2014 - 26 Sep 23 9:24 AM
JASB - 25 Sep 23 12:35 PM
Hi both
Thanks for reply but just for clarity I wasn't meaning the "SOR Relevant date" (date the 15 yrs clock starts) as I am sure you remember the conversations I am having with all "legal" authorities on that point. For ref though the 15yr clock starts on the date you first sign the SOR, which in the normal case is after you are released from Prison, as you normally get sentenced and go straight to jail.

In my case, and as the example in the Pt 2 guidance of the SO Act, the victim being under 18 and the duration between conviction and sentencing being so long, my "Relevant date" started when I signed the day after my guilty plea / conviction date and not the date I was released and signed in the local Police station.

This topic came to mind when i was using the Unlock calculator and thought "what is the actual date of my conviction? Guilty plea in Court or the sentencing date?

Personally I think I been under the wrong understanding and it is the prior and not later date.

Just wanted others opinion though.

The system sees the date when you were found guilty as the date of conviction. The law specifically says that any time spent in prison in relation to the offence is not included in the fifteen years. I'm sure I've said this before, but the law makes no mention of the age of the victim when calculating any dates or length of notification period. That's about it. There have been discussions about Home Office guidance, but that is not law. The Home Secretary has the power to amend the notification periods established by law, but that has to be done through the law, not through guidance.

Hi
If you look at the  guidance on Pt 2 of the SO Act 2003 - Sept 2018 Page 11 - 13 you will see the example that shows the "relevant date" as I mentioned in my case. The College of Police policy, HO Sex Offender management tean and Unlock also agree.

---------------------------
Establishing the “relevant date”
For most offenders, the “relevant date” is the date of conviction, caution, finding etc. for an offence listed in Schedule 3. The notification period begins at the relevant date.
However, section 132 clarifies that where an offence in Schedule 3 has a sentence (or other disposal, e.g. hospital order) threshold, the offender is to be regarded as having a
conviction or a relevant finding for the offence only when a threshold is met. Essentially, the notification requirements will only apply where the thresholds are met and
this may not be known until the offender is dealt with by the court. Therefore, a person should only be treated as convicted for a relevant offence when any applicable sentence
threshold is met. For example, paragraph 18 of Schedule 3 specifies that an adult offender only becomes subject to the notification requirements for the offence of sexual assault (section 3 of the
12 2003 Act) when:
• The victim was under 18, or
• The offender is, in respect of the offence, sentenced to a term of imprisonment, detained in a hospital or sentenced to a 12 month community sentence.
For example, three adult offenders are convicted of sexual assault on 1 June. The first offender committed the offence against a child under the age of 18; therefore his “relevant
date” would be 1 June regardless of the sentence he subsequently receives (
other than an absolute discharge) on that or a later date. The second offender committed the
offence against someone aged 18 or over and on 1 July he is sentenced to a term of imprisonment; therefore his “relevant date” would be 1 July. The third offender also
committed the offence against someone aged 18 or over and he too is sentenced on 1 July but only receives a six months community punishment for the offence; therefore he
does not meet the threshold and does not become subject to the notification requirements.
There exists the possibility that an offender is convicted of an offence for which there is no sentence or disposal threshold and on a later date is given an absolute discharge by the
court. Absolute discharges do not trigger the notification requirements. If this happens, the offender will have to comply with the notification requirements from the relevant date but
will cease to have to comply when he receives an absolute discharge.
-----------------------------------------
cheers and hope you agree

Society suggests I must let go of all my expectations but I disagree, as whilst I have a voice, I have hope.

Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
------------------------------

This forum supports these words, thank you Unlock and your contributors.

AB2014
AB2014
Supreme Being
Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)Supreme Being (495K reputation)

Group: Forum Members
Posts: 1.3K, Visits: 8.9K
JASB - 25 Sep 23 12:35 PM
Hi both
Thanks for reply but just for clarity I wasn't meaning the "SOR Relevant date" (date the 15 yrs clock starts) as I am sure you remember the conversations I am having with all "legal" authorities on that point. For ref though the 15yr clock starts on the date you first sign the SOR, which in the normal case is after you are released from Prison, as you normally get sentenced and go straight to jail.

In my case, and as the example in the Pt 2 guidance of the SO Act, the victim being under 18 and the duration between conviction and sentencing being so long, my "Relevant date" started when I signed the day after my guilty plea / conviction date and not the date I was released and signed in the local Police station.

This topic came to mind when i was using the Unlock calculator and thought "what is the actual date of my conviction? Guilty plea in Court or the sentencing date?

Personally I think I been under the wrong understanding and it is the prior and not later date.

Just wanted others opinion though.

The system sees the date when you were found guilty as the date of conviction. The law specifically says that any time spent in prison in relation to the offence is not included in the fifteen years. I'm sure I've said this before, but the law makes no mention of the age of the victim when calculating any dates or length of notification period. That's about it. There have been discussions about Home Office guidance, but that is not law. The Home Secretary has the power to amend the notification periods established by law, but that has to be done through the law, not through guidance.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

JASB
JASB
Supreme Being
Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)Supreme Being (382K reputation)

Group: Awaiting Activation
Posts: 1.2K, Visits: 1.9K
Hi both
Thanks for reply but just for clarity I wasn't meaning the "SOR Relevant date" (date the 15 yrs clock starts) as I am sure you remember the conversations I am having with all "legal" authorities on that point. For ref though the 15yr clock starts on the date you first sign the SOR, which in the normal case is after you are released from Prison, as you normally get sentenced and go straight to jail.

In my case, and as the example in the Pt 2 guidance of the SO Act, the victim being under 18 and the duration between conviction and sentencing being so long, my "Relevant date" started when I signed the day after my guilty plea / conviction date and not the date I was released and signed in the local Police station.

This topic came to mind when i was using the Unlock calculator and thought "what is the actual date of my conviction? Guilty plea in Court or the sentencing date?

Personally I think I been under the wrong understanding and it is the prior and not later date.

Just wanted others opinion though.

Society suggests I must let go of all my expectations but I disagree, as whilst I have a voice, I have hope.

Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
------------------------------

This forum supports these words, thank you Unlock and your contributors.

GO


Similar Topics


As a small but national charity, we rely on charitable grants and individual donations to continue running theForum. We do not deliver government services. By being independent, we are able to respond to the needs of the people with convictions. Help us keep theForum going.

Donate Online

Login
Existing Account
Email Address:


Password:


Select a Forum....
























































































































































































theForum


Search