xDanx
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Group: Forum Members
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Of course how you wish to proceed is entirely your choice, I can understand challenging all of this will be both mentally and physically draining. It just kills me knowing what the police can and are getting away with with out consequence.
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khafka
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Double post due to the forum:
As mentioned earlier, I just want to keep my head down and fly below the RADAR as long as possible and hopefully come out the other end with some semblance of a normal life.
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khafka
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Group: Forum Members
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I mean, I could. This will sound pretty defeatist attitude but I'm at that point now where I just want to get through this as painlessly and with the least amount of hassle as possible so I can just put it behind me and move on with my life. Going to my MP or whatever will just bring my case back into the limelight and bring everything back up again and I just don't have the mental or physical energy to bother going through it all again. Last time I tried to stand up against some of this stuff I ended up getting my address and information published online and had folk at my door threatening to kick my head in, for the record the police did absolutely nothing about it.
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xDanx
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I will look into it further and see what (if any) differences there are, I edited my last post after your reply. I would still forward these issues to your local councilor and MP. Would be interesting to know what they say / do for you.
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khafka
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My community order portion was to be done within 6 months (extended to 12 months due to COVID).
It might be worth noting that I am in Scotland so I know some things regarding SHPO/SOPOS/whatever can be a bit different. Which I was a bit surprised reading on that link about "UK law" as Scottish law and the justice system can vary quite wildly from England and Wales.
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xDanx
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Group: Forum Members
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Was looking it up a little more and came across this website: https://www.lawtonslaw.co.uk/resources/sexual-harm-prevention-order-an-overview/It states a minimum a SHPO can last for is 5 years. That leaves me to believe if you were given 3 year community order, then you are technically not bound by SHPO restrictions. As far as I am aware police can impose bail conditions but only if under investigation? Personally I think you should fight it because its pretty obvious what the police are doing here, although I understand finding someone who can help is pretty much impossible. You could try take this up with your local councilor / MP and have them forward complaints on your behalf. Given the news about the police lately, they can not be trusted and need to be held accountable.
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khafka
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Group: Forum Members
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Yeah, honestly, I'm pretty much half way through my order. My community payback was completed last year, I'm waiting on COVID stuff being lifted so I can finish my rehab program and my notification requirements end on December 2022. Things have generally been fine so can't really be arsed rocking the boat now. I'm going to give up on the forum idea just for an easier life, to be honest. I could also chase up or my restrictions and stuff but knowing how long these things can take I'm wondering if it is even worth it. I imagine by the time I get a proper answer my order will be almost done. Hell, I'm still trying to get my stuff back and its been over 3 years now.
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xDanx
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Like I said in a previous post, the notification requirements function to give you the positive actions you must take to fall in line with those requirements. Such as, giving names, DOB, addresses ect ect restrictions whether it be a SHPO or a SOPO can only include prohibitions that have a negative impact on you and should not include any positive action. Such as, giving information on devices Ultimately either should not over lap the other or else its considered misuse. But of course since when do the police ever following the laws?
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xDanx
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So it would seem they are ultimately hiding the true facts from you to enforce control over you which I agree is complete BS. As far as I am concerned, if you have not been given the paper work to tell you what your SHPO is (if you even have one) then in my opinion you are not bound by any restrictions other than what the courts have set. Try contacting the courts, see if they can provide you with any information in to what (if any) restrictions you actually have.
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khafka
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My official sentence which was described to me in court was:
120 hrs Community Payback Order Take part in a rehabilitation program (Moving Forward, Making Changes) Subject to the notification requirements for 3 years
That's it. Those 3 things. Some say that restrictions are imposed within the notification requirements whereas some state restrictions are a separate entity themselves. Which is why you can read "John Doe has been given a sexual harm prevention order and is subject to the notification requirements".
Everyone I have asked from the police, to my solicitor, to my social worker all seem to give completely different answers.
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khafka
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I've been through that but nobody seems to be able to actually help.
The main issue I think stems from when I was initially charged I was given a bunch of restrictions which, when it came to sentencing my solicitor argued about them and how stupid and irrelevant half of them are. Such as not allowed to go to the shops between 9am and 6pm on a weekday or any time during the weekend because a child might be there. I'm sorry but that's fucking preposterous whichever way you look at it.
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khafka
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Tried posting 6 times. THIS BLOODY FORUM!
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xDanx
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Group: Forum Members
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If you have not been given any of the documentation telling you what your SHPO restrictions are, then who is to say one even exists? Have you considered a subject access request? Can you contact the solicitor who handled your case to confirm if one exists or not? If all that fails perhaps try calling the courts for information?
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khafka
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Group: Forum Members
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Hmm good point. I've mentioned before though that I have no idea what requirements I have as I've never received any paperwork.
As far as the general data, well it'd all be public anyway for the most part. Email addresses won't be required to sign up, there won't be any messaging service on it so what you post on the boards will be viewable by all so the police could look at it if they were really that concerned. But yeah, I get it. I'll give up on the idea now then.
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Was
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The main problem I'd see is that if you have a (normal) SHPO then you will have to provide access to all the data to your PPU on request - including that stored on the internet. Now, I'm pretty happy that Unlock would robustly defend giving such access without proper legal authorisation, but any data on a site run by monitored offender would be producible at the whim of the police with no court order required.
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