theForum » Rehabilitation of Offenders Act 1974 (ROA) » Finding out when your convictions become spent » SHPO Discharge Refused

RE: SHPO Discharge Refused

JASB — Fri, 06 Feb 2026 13:15:39 GMT

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[b]xDanx - 26 Jan 26 11:38 AM[/b]

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[b]punter99 - 26 Jan 26 11:20 AM[/b]

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[b]Richie - 24 Jan 26 6:48 PM[/b]

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[b]Richie - 3 Dec 25 6:42 PM[/b]

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[b]khafka - 1 Dec 25 10:20 AM[/b]

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[b]Richie - 29 Nov 25 8:15 PM[/b]

As my hearing approaches the one thing I am worried about is the press.

Searching for other SHPO discharge cases I can only find one single press article for a SHPO discharge.

My original case got no press coverage thankfully.

Does anyone known if the press are interested in these type of hearings?

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I can't recall any local reports of it, even had a wee look on some local papers websites out of interest and there's nothing.
Unless you're a famous person or your crime was particularly egregious then I don't think there's must interest in reporting stuff like this. Not exciting and salacious enough for the papers I'd wager.

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Thanks I had a look as well and can find just one article from a few years ago about a discharge being refused. There is nothing else I can see so reporting is rare.

I suspect I will be okay. Just don't want to come all this way with moving on with my life just for my local paper to print something which sets it all back. Probably worrying over nothing.

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Just to update on this my discharge was refused by the court. The police argued that they had found on a previous visit small number of visits to legal porn sites which caused them concern. The judge agreed with the police this was a concern . So it was refused

I did manage to get my SHPO varied so that the police can no longer install monitoring software on my devices. As I succeeded in getting a variation the judge ruled I didn't need to pay costs.

I did have a visit from my PPU this month who confirmed I am still low risk. She did state that she has no problem with me viewing porn if I wanted to.

On the plus side it has given me a kick to prove I can still do things even with the order in place. I am not going to let it hold me back.

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Strange decision. Taking away the monitoring software after saying your behaviour was concerning? The whole porn thing is typical of the PPU. Since sexual preoccupation is considered a risk factor, then any porn use should be an issue, but they still insist it is not a problem, until it goes to court and then suddenly it is a problem after all.

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Probably why the PPU always try to encourage porn use? So if SO do attempt to apply for discharge they can use it against them to prevent it from being discharged.

My old SO would constantly tell me he has no issue with me accessing porn, the few times that I had at the very early stages after my sentencing I was constantly asked "why you looking at this" ect including times when friends would send me involuntary videos which he would question "she seems young dont you think"
Annoyingly, he some how managed conduct his visit while my Probation officer was present with another person who was trying to sign me up for some training classes. I was then told she was unable to help me and I was then assigned a new probation officer who was closely linked to my PPU ironically.

So from that day forward I battled my way forward and limited access to porn and told my friends to stop sending me videos, my PPU over time would then just use the fact I am not accessing porn a risk factor.

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Hi
I think that "personal satisfaction" is accepted by the authorities but it is the "aid method" that they are interested in. Whilst inside I was being trained by the Samaritans to be a listener and the tutors included a lady of about 150 years of age. Her opening gambit was to ask who frequented but before anyone admitted she said "I still do!"

Over the years I have been asked about this and I always stress that even when couples have intimacy, at times the "manual" act of stimulation is used; so how is it a problem?

I have also raised the points that the authorities stress a "casual sex partner" is not positive and with a "permeant" partner disclosure raises its head and so consequences.

Rather than rant on with more one liners I think a point I would offer for consideration is that, when the subject is raised they are only seeking to start a discussion to discovery the source and type of material that is used.
Once known this can open a lot more paths for them to explore regarding your "Sexual desires and controls".

Remember we only committed an offence because in the basis of concepts "we lost control of our sexual desires".

SHPO Discharge Refused

Richie — Fri, 06 Feb 2026 13:15:39 GMT

I have an internet SHPO and have applied to the court to have it discharged. I expected a hearing so that I could put across my arguments.

The police disagree with my application but I feel their arguments are weak and that they have made a statement to the court which is factually correct but written in such a way to paint me in a bad light. For example they mention alerts that have occurred on my devices and have implied I am doing something wrong to cause these and therefore the SHPO and monitoring software needs to remain to monitor me. I have only been made aware of 2 of these alerts both of which were dismissed by my offender manager as not requiring any further action. They were trigged by a picture of my own children as a desktop background and an invoicing package that I use for work purposes. I am sure the other alerts must be false as well otherwise they would have taken action.

Today the judge has refused the application saying a hearing is not required and as my offender manager has concerns he is refusing the application.

Is it correct a judge can just dismiss without a hearing. He quoted CPR 31.5 (4) for him to be allowed to do it but I have looked at this and the next section CPR 31.5 (5) suggests he can't do this unless I have had a chance to make representations at a hearing.

The whole reason I want to do this is so I can get my conviction spent and move on with my life.

I know it is a battle if the police don't agree but I have changed so much since my conviction, I am no longer the same person I was back then. I am not a risk to the public and believe I can prove this. I thought this is what criteria they were looking for.

RE: SHPO Discharge Refused

xDanx — Mon, 26 Jan 2026 11:38:45 GMT

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[b]punter99 - 26 Jan 26 11:20 AM[/b]

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[b]Richie - 24 Jan 26 6:48 PM[/b]

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[b]Richie - 3 Dec 25 6:42 PM[/b]

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[b]khafka - 1 Dec 25 10:20 AM[/b]

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[b]Richie - 29 Nov 25 8:15 PM[/b]

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RE: SHPO Discharge Refused

punter99 — Mon, 26 Jan 2026 11:20:43 GMT

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[b]Richie - 24 Jan 26 6:48 PM[/b]

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[b]Richie - 3 Dec 25 6:42 PM[/b]

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[b]khafka - 1 Dec 25 10:20 AM[/b]

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[b]Richie - 29 Nov 25 8:15 PM[/b]

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RE: SHPO Discharge Refused

Richie — Sat, 24 Jan 2026 18:48:29 GMT

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[b]Richie - 3 Dec 25 6:42 PM[/b]

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[b]khafka - 1 Dec 25 10:20 AM[/b]

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[b]Richie - 29 Nov 25 8:15 PM[/b]

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RE: SHPO Discharge Refused

Richie — Mon, 22 Dec 2025 13:55:11 GMT

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[b]Evan Davis - 22 Dec 25 11:37 AM[/b]

Ordinarily courts are not quick to award costs in SHPO variation/discharge cases - not least because they are "civil" hearings and not criminal ones.

Generally, a court would only be expected to award costs where at least one of the following criteria were met:

The Applicant brought a 'hopeless' or 'abusive' variation application
The Applicant acted unreasonably in making their application
The Applicant failed to engage sufficiently, causing additional expense
The Applicant failed to appear at a hearing upon being ordered to do so

The general principle is that a Judge should not award costs if the Applicant acted in 'good faith' and/or if the variation application was "reasonable", even if unsuccessful.

This does very much seem like a "scare" tactic from the Police - I wouldn't worry overly about this. Do make sure you respectfully highlight to the Judge at your application your opposition to costs being awarded.

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Thanks Evan

None of that applies to me. I will update everyone with the outcome of the hearing when it has occurred.

RE: SHPO Discharge Refused

Evan Davis — Mon, 22 Dec 2025 11:37:15 GMT

The Applicant brought a 'hopeless' or 'abusive' variation application
The Applicant acted unreasonably in making their application
The Applicant failed to engage sufficiently, causing additional expense
The Applicant failed to appear at a hearing upon being ordered to do so

RE: SHPO Discharge Refused

Richie — Sun, 21 Dec 2025 17:33:11 GMT

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[b]JASB - 21 Dec 25 1:59 PM[/b]

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[b]Richie - 19 Dec 25 3:12 PM[/b]

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[b]xDanx - 19 Dec 25 2:00 PM[/b]

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[b]Richie - 19 Dec 25 1:52 PM[/b]

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[b]JASB - 7 Dec 25 2:42 PM[/b]

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[b]punter99 - 1 Dec 25 10:11 AM[/b]

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[b]Richie - 29 Nov 25 8:15 PM[/b]

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[b]JASB - 16 Nov 25 3:08 PM[/b]

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[b]Richie - 16 Oct 25 10:14 PM[/b]

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Hi
Hopefully you will find the attached of some use. I'm sure you will be able to format it to your style as some may of been lost in my removal of hopefully all my personal data.
I'm sure you will get the approach I undertook but if questions just let me know.

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There does not appear to be much press interest. You could always ask for it to be heard in chambers, but unless it is a straight forward situation of the SHPO being for the wrong length of time, the judge probably won't agree to that.

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Hi

I am afraid the perception of requesting a "hearing in chambers" is becoming invalid in many Courts. I included in my SOPO discharge request (2023) that it be heard in that manner and was informed that the "Courts" (forgot the term actually used) no longer allows that.

I discussed it with the Courts administration and they basically assured me that unless it was relevant to a national paper front page story, the press does not report or even go to the hearing. This was proved to be the case.

One word of advise if I may. Do go smartly dressed and appear confident in your manner. Every hearing I have done this and was never shown any interest by "photographers" : in fact the Court staff of the day and even the Judge thought I was a solicitor. I represented myself and they all asked me directly if the the "applicant" was going to appear. In also presents a good image to the Judge that you respect them and their Court.

you have got this far so stay confident in your manner and your case. Good luck

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Another quick question on this. The police have said if I lose the discharge hearing they will apply to court to cover their costs.

They have given me a cost schedule. Is this usual to happen?

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I don't think there allowed to do that, sounds like there just trying to intimidate you.
You have every right to apply for a discharge anytime with out permission once past the 5 year mark, it is then the police's job to prove why they think your SHPO should remain.

Their costs usually get covered by the tax payer anyway, so it seems off to me that they would make threats to recover the costs from you.

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Thank You

I didn't think it sounded right. They are using a police barrister and are charging for their time to produce a bundle of evidence for the court and for them to attend court.

Part of me thinks they are unsure about winning and are hoping I will cave in at this point.

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Hi

Sorry for my slow reply. I have never had that mentioned to me and if they have written to you, I would ensure you keep that document safe as I believe that could be classed as intimidation tactics.
I would also politely reply asking if they could provide the "law/Act or policy" that supports that statement.

The only come back I have heard of (and I cant remember where) is that if you fail then they can reset the 5 years; but I think that is just to stop time wasters.

If you have the supporting evidence for your discharge request then stand strong no matter what.

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On checking under CPR44 the respondent can apply to the court to recover their legal costs. There is a minimum notice period they have to give.

The notice period they have given me was the minimal notice period possible. Whether they have intended to do this all along or they have only just decided it at the last minute I dont know.

It has now been over 6 months since I applied for a discharge and this is the first mention of costs.

Obviously the costs are only payable if the discharge is refused, I have a strong case but my main worry is getting that across in court. I have provided the court and police with written evidence to back up my case I just hope it gets read.

They have also only just disclosed evidence and statements they have had for 6 months at the same time. I have asked for copies of these since of the start of November when I first knew they existed.

I think a lot of the tactics used are normal for solicitors. Perhaps I was being a bit naive at the start of this and thinking that it was just me and my PPU involved in the hearing.

RE: SHPO Discharge Refused

JASB — Sun, 21 Dec 2025 13:59:00 GMT

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[b]Richie - 19 Dec 25 3:12 PM[/b]

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[b]xDanx - 19 Dec 25 2:00 PM[/b]

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[b]Richie - 19 Dec 25 1:52 PM[/b]

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[b]JASB - 7 Dec 25 2:42 PM[/b]

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[b]punter99 - 1 Dec 25 10:11 AM[/b]

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[b]Richie - 29 Nov 25 8:15 PM[/b]

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[b]JASB - 16 Nov 25 3:08 PM[/b]

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[b]Richie - 16 Oct 25 10:14 PM[/b]

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Another quick question on this. The police have said if I lose the discharge hearing they will apply to court to cover their costs.

They have given me a cost schedule. Is this usual to happen?

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RE: SHPO Discharge Refused

Richie — Fri, 19 Dec 2025 15:12:59 GMT

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[b]xDanx - 19 Dec 25 2:00 PM[/b]

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[b]Richie - 19 Dec 25 1:52 PM[/b]

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[b]JASB - 7 Dec 25 2:42 PM[/b]

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[b]punter99 - 1 Dec 25 10:11 AM[/b]

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[b]Richie - 29 Nov 25 8:15 PM[/b]

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[b]JASB - 16 Nov 25 3:08 PM[/b]

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[b]Richie - 16 Oct 25 10:14 PM[/b]

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Another quick question on this. The police have said if I lose the discharge hearing they will apply to court to cover their costs.

They have given me a cost schedule. Is this usual to happen?

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RE: SHPO Discharge Refused

xDanx — Fri, 19 Dec 2025 14:00:58 GMT

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[b]Richie - 19 Dec 25 1:52 PM[/b]

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[b]JASB - 7 Dec 25 2:42 PM[/b]

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[b]punter99 - 1 Dec 25 10:11 AM[/b]

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[b]Richie - 29 Nov 25 8:15 PM[/b]

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[b]JASB - 16 Nov 25 3:08 PM[/b]

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[b]Richie - 16 Oct 25 10:14 PM[/b]

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Another quick question on this. The police have said if I lose the discharge hearing they will apply to court to cover their costs.

They have given me a cost schedule. Is this usual to happen?

[/quote]

RE: SHPO Discharge Refused

Richie — Fri, 19 Dec 2025 13:52:06 GMT

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[b]JASB - 7 Dec 25 2:42 PM[/b]

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[b]punter99 - 1 Dec 25 10:11 AM[/b]

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[b]Richie - 29 Nov 25 8:15 PM[/b]

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[b]JASB - 16 Nov 25 3:08 PM[/b]

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[b]Richie - 16 Oct 25 10:14 PM[/b]

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Another quick question on this. The police have said if I lose the discharge hearing they will apply to court to cover their costs.

They have given me a cost schedule. Is this usual to happen?

RE: SHPO Discharge Refused

JASB — Sun, 07 Dec 2025 14:42:11 GMT

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[b]punter99 - 1 Dec 25 10:11 AM[/b]

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[b]Richie - 29 Nov 25 8:15 PM[/b]

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[b]JASB - 16 Nov 25 3:08 PM[/b]

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[b]Richie - 16 Oct 25 10:14 PM[/b]

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RE: SHPO Discharge Refused

Richie — Wed, 03 Dec 2025 18:42:26 GMT

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[b]khafka - 1 Dec 25 10:20 AM[/b]

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[b]Richie - 29 Nov 25 8:15 PM[/b]

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RE: SHPO Discharge Refused

khafka — Mon, 01 Dec 2025 10:20:20 GMT

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[b]Richie - 29 Nov 25 8:15 PM[/b]

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RE: SHPO Discharge Refused

punter99 — Mon, 01 Dec 2025 10:11:53 GMT

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[b]Richie - 29 Nov 25 8:15 PM[/b]

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[b]JASB - 16 Nov 25 3:08 PM[/b]

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[b]Richie - 16 Oct 25 10:14 PM[/b]

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RE: SHPO Discharge Refused

Richie — Sat, 29 Nov 2025 20:15:02 GMT

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[b]JASB - 16 Nov 25 3:08 PM[/b]

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[b]Richie - 16 Oct 25 10:14 PM[/b]

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RE: SHPO Discharge Refused

JASB — Sun, 16 Nov 2025 15:08:46 GMT

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[b]Richie - 16 Oct 25 10:14 PM[/b]

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RE: SHPO Discharge Refused

JASB — Tue, 11 Nov 2025 15:49:07 GMT

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[b]Paul Jan - 4 Nov 25 7:16 PM[/b]

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[b]JASB - 4 Nov 25 4:33 PM[/b]

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[b]JASB - 27 Oct 25 10:33 AM[/b]

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[b]Richie - 17 Oct 25 11:46 AM[/b]

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[b]punter99 - 17 Oct 25 11:42 AM[/b]

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[b]Richie - 17 Oct 25 11:14 AM[/b]

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[b]xDanx - 17 Oct 25 10:54 AM[/b]

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[b]Richie - 16 Oct 25 10:14 PM[/b]

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Did you have a solicitor / barrister involved?

Since you made the application to the courts, you should have been given every chance to produce evidence as to why the SHPO should be discharged, you can normally include a lot info and evidence with in the application. It is then down to the police to provide their evidence and reasons as to why it should not be discharged.
It seems to me you were just unfortunate to be given a Judge who simply was not interested in your application. I recall when I submitted my own application I went in quite a lot of detail, quoting the Smith ruling proving the restrictions on my SHPO were disproportionate, the contact restriction infringes on my rights to family life, how the SHPO its self was preventing me from a change of circumstances (finding work and training)

The first Judge I had was not interested in my application, so my barrister pushed for me to obtain more evidence on my work history. I was then appointed a new Judge who was more fair and willing to hear my application.
Since the Judge has made the decision to dismiss your application, you need to look into if you can appeal it, or if you can just reapply normally. I was told by my judge that applying for discharge is a one time deal.

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I don't have a barrister/solicitor involved. My application gave a lot of detail as to why it should be discharged. The fact I have changed and the impact it has on my work and personal life. Most importantly stressing the reasons why I am not a risk to the public.

I did look at getting a solicitor but the cost was too high. But as part of the work to give me the quote she did look at my application and said it was pretty good with strong grounds for it to be dismissed.

My concerns on this is I believe the police have not given the full facts to the judge in their statement (a copy of which I have never seen prior to the judge giving his ruling). They have mentioned alerts I have had on my devices but in the context that these were bad alerts when in fact they were false alerts. They have also stated that the monitoring software is imperative to manage me when in fact the software is only installed on the laptop I use for my business and not on my personal devices.

I also believe I should have been given the opportunity to have a hearing in court. I was expecting this to happen before a ruling was given

I am worried about not being able to submit another application, I have asked the court about this and pointed out my concerns above.

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I am not aware of any rules preventing someone from applying more than once to have an SHPO discharged. The only test would be, has there been a change in circumstances since the previous application? But really this is about whether or not the judge correctly interpreted the CPR. I agree that they did not, so that should be grounds for an appeal in any case.

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Thanks it does look like the CPR was not interpreted correctly. His conclusion was that he could do it without a hearing because he had all the information to hand but I think he can only do this if he is to approve the discharge. In any other case a hearing should be allowed.

If I do get to a hearing I may look into a solicitor to represent me. The quote I had last time was £5000 plus VAT but this seemed really steep. Does anyone know if this sounds reasonable or is it a high sky cost?

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Hi
My sopo cost me £600 ish a couple of years back. Obviously I do not know the full in and outs yours is saying they have to do but does seem high.
I believe his contact details are still the same.
http://www.andrewstorchsolicitors.com/our-people/michael-phillips/
+44 7973953971

Good luck

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Further to this, sorry for not including it, I only used a solicitor for the first discharge of certain conditions. The second and full discharge I undertook myself. It took a long time to present the document in a manner that the Judge actually thought I had used a solicitor; at the hearing he actually thought I was the solicitor. Truth is I used the original document as a template to show how I should reference legal aspects and took all my emotions out of my points.

Therefore believe that you can do it by yourself no matter the hurdles and time it takes to write the document. there is always others here to support you.

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Would you be prepared to share parts of your document? Obviously redact anything personal. Thanks

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Paul, sorry for the delay but will get something posted.

RE: SHPO Discharge Refused

punter99 — Mon, 10 Nov 2025 10:53:28 GMT

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[b]Richie - 9 Nov 25 4:39 PM[/b]

Just an update on my refusal.

After a complaint to the court I have now been granted a hearing. I am just waiting for a date now which the court have indicated is likely to be between December and March.

Thank you to everyone for their help and advice. I will update after the hearing with the outcome.

[/quote]

good luck!

RE: SHPO Discharge Refused

Richie — Sun, 09 Nov 2025 16:39:52 GMT

RE: SHPO Discharge Refused

JASB — Fri, 07 Nov 2025 15:28:07 GMT

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[b]Paul Jan - 4 Nov 25 7:16 PM[/b]

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[b]JASB - 4 Nov 25 4:33 PM[/b]

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[b]JASB - 27 Oct 25 10:33 AM[/b]

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[b]Richie - 17 Oct 25 11:46 AM[/b]

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[b]punter99 - 17 Oct 25 11:42 AM[/b]

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[b]Richie - 17 Oct 25 11:14 AM[/b]

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[b]xDanx - 17 Oct 25 10:54 AM[/b]

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[b]Richie - 16 Oct 25 10:14 PM[/b]

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Would you be prepared to share parts of your document? Obviously redact anything personal. Thanks

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Hi I did in a previous post but over the weekend I will attempt to put a draft template ie headings, together and see how we go from there.

Have to remember that as my conditions were reduced until finally discharge, some content would refer back to those documents.
One thing I learned was that if you can make the document easy to follow, clearing linking to "references" that makes the Judge's review easier and also shows you are serious in your intent.
In the meantime I would advise you collate any "documents" that supported you together; be them from official channels ie positives from Probation, OM etc to family and friends who wrote to the Judge

RE: SHPO Discharge Refused

Paul Jan — Tue, 04 Nov 2025 19:16:10 GMT

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[b]JASB - 4 Nov 25 4:33 PM[/b]

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[b]JASB - 27 Oct 25 10:33 AM[/b]

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[b]Richie - 17 Oct 25 11:46 AM[/b]

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[b]punter99 - 17 Oct 25 11:42 AM[/b]

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[b]Richie - 17 Oct 25 11:14 AM[/b]

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[b]xDanx - 17 Oct 25 10:54 AM[/b]

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[b]Richie - 16 Oct 25 10:14 PM[/b]

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Would you be prepared to share parts of your document? Obviously redact anything personal. Thanks

RE: SHPO Discharge Refused

JASB — Tue, 04 Nov 2025 16:33:25 GMT

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[b]JASB - 27 Oct 25 10:33 AM[/b]

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[b]Richie - 17 Oct 25 11:46 AM[/b]

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[b]punter99 - 17 Oct 25 11:42 AM[/b]

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[b]Richie - 17 Oct 25 11:14 AM[/b]

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[b]xDanx - 17 Oct 25 10:54 AM[/b]

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[b]Richie - 16 Oct 25 10:14 PM[/b]

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RE: SHPO Discharge Refused

AB2014 — Tue, 04 Nov 2025 09:10:42 GMT

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[b]expatofff - 1 Nov 25 8:39 PM[/b]

My sopo was removed about 10 years ago, give or take. It cost about 800 quid back then. I can't pass the details on as the barrister who dealt with it for me is now a judge.

But, if it helps, I just got as much stuff together to show what I'd proactively done to change. That combined with my barrister arguing that I couldn't return to the UK until my sopo was removed as as soon as it would be my conviction would be spent and therefore not need to be disclosed.
It was resisted, actually two barrister ls turned up, one for the police and a CPS one. They really didn't want it to happen. My barrister was smart though. They (the opposition) argued they couldn't realistically judge my risk until I returned to the UK, so asked the judge to keep it until I returned.
The judge wasn't stupid, they had all my evidence and removed my sopo.

So I would say, just show that you've changed, what you have done and want to do with your life. They just want you to succeed at the end of the day, if you give them reason to.

[/quote]

Unlock has information and advice on what you might want to include in your representations on their website here. You could have a look at that to get an idea of whether you fancy doing it yourself.