Michael contacted our helpline for some advice on having his Sexual Offences Prevention Order (SOPO) discharged. He explained that he had been convicted of a sexual offence in 2012 which had resulted in a 2.5 year prison sentence and an indefinite SOPO and notification requirement.
After applying for a new basic DBS check Michael had been surprised to see his conviction still appearing on the certificate as he had assumed it was spent in 2019. Having done further research including looking at the Unlock website, Michael realised that it was his indefinite SOPO which was keeping his conviction unspent, and he was keen to get it discharged. However, on speaking to his PPU officer, he was told that as he was on the Sex Offenders Register (SOR) indefinitely, he wouldn’t be able to make an application to have the SOPO amended or discharged and it would remain permanently in place.
Our advisor explained that the information Michael had been given by the police was incorrect. An indefinite notification did not prevent somebody from making an application to the court to have a SOPO discharged. Also, in Michael’s case, as his SOPO had been in place for more than 5 years, he was able to apply to the court even if his PPU officer was not willing to support his application. The advisor went through the process of applying to the court and also some of the things that Michael should consider including in his application.
Michael shared with us a copy of his draft application which he wanted some feedback on. We were able to advise him that although the draft was really good, he might want to place a bit more emphasis on some of the positives that had come about since the conviction. For example:
- How he had a better understanding of what had led to his offending behaviour meaning he was less likely to reoffend in the future.
- Details of the treatment programmes he had completed and what he had gained from them.
- Details of the support network he had in place – for example friends, family, work etc.
- Why he believed he no longer posed any risk to children.
Although the pandemic delayed Michael’s court hearing several times, his SOPO was finally discharged in March 2022. A week later he applied for his basic DBS certificate which came back ‘blank’.
Lessons
Relevant orders such as SOPO’s, SHPO’s and restraining orders can have a huge impact on when a conviction is spent especially if the order is indefinite as Michael’s was.
In a case heard at the Court of Appeal in 2011 it was ruled that “SOPO’s should run in tandem with the normal duration of the notification requirements and should not be used to extend notification requirements beyond the point normally prescribed by law (i.e. those whose sentences warrant a determinate period on the ‘register’ should not be made the subject of an indeterminate SOPO)”.
However. we know that every year many individuals do receive orders lasting indefinitely and we would always encourage anybody who is affected by them to apply to the court to have them discharged.
Links
We have information on applying to a court to end a court order in the information and advice section of our website.
Notes about this case study
This case study relates to Unlock’s helpline.
Names and details have been changed to protect the identity of those involved.
