When I was 18 years old, I was convicted of a serious online offence. I received a significant prison sentence and a Sexual Harm Prevention Order (SHPO).
The intention of this type of order is to “protect the public from the risk of sexual harm”. It’s meant to impose restrictions that are deemed necessary to keep others safe. One of the conditions in my SHPO was that:
“I could not access the internet through any device, at any time, unless that device had monitoring software installed, that was approved by the police in the area in which I was to reside.”
This condition didn’t apply to any work device that would be used solely for work purposes and located at a permanent work address.
I was released from prison during the Pandemic. This meant I had very little contact with my family or friends and very little support from my probation officer. My licence conditions were extremely restrictive, essentially making me a prisoner in my own home. I wasn’t allowed any access to the internet (even with monitoring software) and despite months of regular visits by the police and probation nothing changed.
I managed to find myself a job and my own flat and life was going well. When I asked the police/probation about internet access, I was told they were “looking into it” but nothing happened. Stupidly, growing more and more frustrated, I obtained an internet enabled mobile phone which I started to use – a contravention of the conditions in my SHPO. Of course, I got found out and this led to my recall. Analysis of the mobile telephone proved that I had committed no further offences or displayed any concerning behaviour all the time I had the mobile.
Fast forward some time and I was released from prison at my sentence expiry date. I had no licence and no probation to deal with. I was under MAPPA and VISOR officers but that should have been a doddle, right?
Well so I thought. After I left prison, I successful applied for a job working for a charity. The employer was aware and fully supportive of my conviction and restrictions and still offered me the position, believing I was the best candidate for the job.
When I saw my VISOR officers shortly after starting work, I knew immediately they weren’t happy. I politely advised them that I would be requesting a variation of my SHPO to enable me to use internet-enabled work devices from home and whilst travelling which I wasn’t allowed to do. They smiled and nodded, praising me for doing such “a good job” and saying how valuable they thought my insights would be in the sector.
Imagine my surprise then when several days later, I received notification from the Court that the police were “strongly opposing” my application for the variation as they believed I posed “real and immediate ongoing risk”. I was absolutely flabbergasted, and for a few minutes, thought there’d been a mistake.
My VISOR officers had written statements to the Court expressing their “sincerest concerns” about the risk I posed and how they were convinced that my application was an effort by me to create an opportunity for future offending. I was absolutely distraught reading these statements just days before my scheduled Court appearance. Frankly, I was on the point of withdrawing my application altogether until I spoke to my line manager at work. She was extremely supportive of me, encouraging me to not give up at this hurdle. She gave me the confidence and belief in myself that I needed to be brave and go ahead and attend the hearing.
Last week I went to Court. I was somewhat worried to find out that my hearing was listed in front of a female judge. But, my worries could not have been more misplaced. The judge was kind, caring and compassionate and made it clear that the SHPO as it stood, was a clear breach of my Article 8 ECHR rights.
The judge made comment that it was clear that, whilst I committed a very serious offence, the offence was non-contact, committed when I was a child and I had not reoffended. It was clear that the work I was doing was valuable and I was committed to my own rehabilitation and the rehabilitation of others too.
The impact of the judge’s words cannot be overstated – I actually broke down in tears in the courtroom as she was delivering her ruling. She thanked me for being so candid and open about my past history and future goals.
The SHPO was amended.
I have no doubt that the police will continue to do everything in their power to make life difficult for me. However, I hope that this will be the first step towards showing the Court that I no longer pose any risk and that my SHPO should be discharged in its entirety.
I wanted to write this piece to share my story. To provide hope to those of you who may be going through something similar. No matter what the police or other professionals say about you or how “risky” they believe you are, it’s YOU that decides the direction your life goes in. The future is yours (even if you have a serious conviction) and the work you are willing to do will dictate your success.
