+xI 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. 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.
|