theForum » General Information » New to the forum? Read this section first! » SHPO application

SHPO application

David24 — Tue, 18 Feb 2025 09:06:13 GMT

Hi folks

Just looking for some advice.

So I had a 5 year SHPO that ended June 2024. I was arrested and charged with a sexual communication offense and a breach of SOPO for deleting a Facebook message in Jan 2024 and this has still not concluded. The police applied for a new SHPO in August 2024. So I came off and thought I was free then they slapped me with a new one, I got legal representation and successfully got this cisted until the criminal charge was dealt with. Since then the COPFS has dropped the sexual communication offense but they're going ahead with the breach of SHPO. My solicitor thinks we will be able to argue this in court and defend it successfully.

My question is while the main SHPO application was cisted they got a 6 month interim one which they have now(today) notified me they will be looking to extend for another 6 months until the criminal case is dealt with. In their summary they confirm that the COPFS is only going ahead with the breach of SHPO. I was under the impression they were not allowed to use a breach of SHPO as a reason for their application of a new SHPO.

I can understand them applying first as I had two charges, but now the main one is dropped and it's only the breach left surely they should be ending the main SHPO application completely.

Any advice on this would be welcome

Thanks

RE: SHPO application

AB2014 — Tue, 18 Feb 2025 09:06:13 GMT

[quote]

[b]punter99 - 14 Feb 25 11:10 AM[/b]

[quote]

[b]David24 - 13 Feb 25 9:13 PM[/b]

[/quote]

An SHPO can be imposed if the court is satisfied there is a risk to the public. It doesnt matter how that risk came about. My reading of it is that they can impose them at any time after someone is convicted. There is no time limit. The fact that the court allowed it in August would appear to confirm that.

But feel free to ring Unlock, as they may have a different opinion. From what I can see of the law, it looks like the police/prosecution just need to persuade the court that you are a qualifying offender and "since the appropriate date [you] acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made".

[/quote]

If you're dealing with the COPFS, that suggests you're in Scotland, so things might be a bit different where you are. In any case, from what I can see of the law, all the prosecution needs to do is show that you are qualifying offender, which would be a matter of fact not a matter of opinion, and that "since the appropriate date [you] acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made".

As punter99 suggested, you could try contacting Unlock, but they only cover England & Wales, so they might not be able to help with your specific circumstances.

RE: SHPO application

punter99 — Fri, 14 Feb 2025 11:10:15 GMT

[quote]

[b]David24 - 13 Feb 25 9:13 PM[/b]

[/quote]