In July 2011 the Court of Appeal in R v Smith gave important guidance on the principles to be applied when considering imposing Sexual Offences Prevention Orders. That guidance changed fundamentally the approach of the Police and the Crown Court to the imposition of such orders. The Court of Appeal imposed narrow restrictions on the kinds of prohibitions that could be included in SOPOs.
Any SOPO imposed before 2011, before that guidance was given, is likely to have been drafted far too widely, if it remains appropriate at all.
Anyone subject to such an order should consider obtaining legal advice as to their options.
SOPOs can have a devastating impact on a person’s private and family life, not only because of the prohibitions that they impose but because, as long as a SOPO is in force, a person’s convictions cannot become ‘spent’. This means that they are required to disclose their convictions indefinitely when seeking employment, making their applications almost untenable.
Simon Gurney was recently approached for advice by a member of the public who found himself in this predicament: he had been made subject to a SOPO in 2008 for sexual offences committed in 2007. The order was expressed to last indefinitely. Since that date it had proved impossible for him to find employment in the United Kingdom because of his convictions which, but for the SOPO, would have been spent 3 years earlier.
Unfortunately there is no process for automatically reviewing SOPOs that have already been made, many of which were made indefinitely.
The only route to challenge such orders is by way of an appeal under s.108 Sexual Offences Act 2003 to the Crown Court.
Simon advised his client as to his circumstances and assisted him in drafting an application to the Court and witness statements in support the application. Simon drafted a skeleton argument arguing that the order was no longer necessary in the light of the guidance in R v Smith and the client’s current circumstances.
At a hearing at Sheffield Crown Court on 29th April 2016 HHJ Wright accepted Simon’s submissions and discharged the SOPO with immediate effect.
The effect of the discharge is that the client is no longer subject to any prohibitions on his movement, communications, association and internet use and he no longer has to declare his convictions when seeking employment. 8 years after his convictions he is now able to re-start his life free from the shadow cast by his past convictions.
Any members of the public who find themselves in a similar situation who would be assisted by advice or representation to challenge the terms of a SOPO imposed upon them should contact David Wright, the Senior Clerk in Chambers (dwright@lincolnhousechambers.com or 0161 832 5701) who can arrange for them to make contact with Simon Gurney for advice.