By Mo22 - 30 May 22 6:46 AM
Hi in my shpo it says I can’t use anything like Snapchat. Ppu officer says including things like WhatsApp even though my conviction for indecent images only. My probation officer asked the ppu officer on the initial visit what about messenger. He couldn’t be sure and it all seems ridiculous. Many of my family use messaging apps. They rarely use text messaging. I’m now isolated from my mother and some members of the family because I find it difficult to talk over the phone especially to my mother for help and guidance. Is there any apps that people have had experience with that doesn’t go against their order. I am not to use apps where you can delete messages fully.
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By punter99 - 1 Jun 22 3:29 PM
+x+x+xIt seems yet again, the courts are issuing unrealistic restrictions which could only serve the purpose to set up to fail. If your conviction was for images only and non contact, then there should be no contact restriction as out lined in the smith court of appeal. If there is no evidence suggesting you have committed a contact offence whether that be physically or online using these messaging apps. Then, you should not be restricted from using them because SHPOs should be tailored to the facts of the case. I will include the quoted text from the smith court of appeal below. Had your solicitors or barrister given you 2 or more days notice before being given your SHPO they should have properly amended it, but it would seem they choose not too. Contact your solicitor and find out why your SHPO is not "smith compliant"  If the lawyers chose not to give you two days' notice, that is their fault, but it is often the case (or at least it was) that the police don't give that notice. In 2008, we were given the proposed text of the SOPO by the court custody staff member who had come to escort me up to court for the sentencing hearing. She did at least give us a couple of minutes to discuss it, but if we had been given enough time to prepare, I'm sure we could have argued for something far more compliant with the eventual guidelines that were issued a couple of years later. If they did have time to work out arguments but didn't bother, that is definitely down to them. I was issued my SHPO on the day and was given less than one hour to read and understand the order, I made issues with Aliases which my barrister tried to argue but did a very poor job of it. Never once mention the smith court of appeal. I put in my complaints to the legal ombudsman regarding the services I received from my solicitors, there conclusion was they found poor service in the firm by failing to provide me a copy of the SHPO 2 days or more in advance. Completely ignoring my arguments on contact restrictions and highlighting of the smith court of appeal. Despite this poor service being identified, they refused me compensation. Solicitors are well aware of the smith court of appeal, I questioned the firm who "represented" me so it is something widely known but still refuse to do the work to follow what is outline in the smith ruling. Was I denied their full services because I was unable to pay my legal fees? I wonder.
Hi xDanx,
You should read that book; 'The Secret Barrister', which shows how cuts to legal aid, have left the criminal justice system in a complete mess. Poor service is very common, because the CPS are so over worked. Like most people, I only found out about my SHPO on the day of sentencing, and there was no way I could take in all the long term implications, given where my head was at. As a result, I am not allowed to own a smartphone at all. This has not been a major issue for me, but as more and more businesses ask you to use their particular app, it does restrict what I can do. Smartphones are becoming more and more essential and the standard SHPO's don't reflect that.
But, when it comes to the question of being Smith compliant, I would say that SO don't only use their apps for contacting children, they also use them to exchange images with other people. Even if your offence is non contact, the PPU would still need to check your WhatsApp messages, to see if you were sending images, or receiving images, from other people,
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