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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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I have a question about applying to vary a sopo, on behalf

Resolved Question:

I have a question about applying to vary a sopo, on behalf of my partner.
He is currently on year five of a seven year sopo. The conditions state the he cannot be left unsupervised with anyone under the age of 16, nor can he own/possess any device "capable of accessing indecent images".

He is finding it near impossible to perform an employment search. Further, he had to turn down a recent work from home job opportunity because he cannot own a computer.

He has never broken any of his conditions.

He has spoken with a police officer from the sex offenders dept and they apparently said that if he were to apply to vary, they would "offer no resistance".

Please, how does he apply to vary the order? Can he do this himself? Can he get legal aid?
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Does he stay in England or Scotland?
Customer: replied 3 years ago.

England. He was sentenced in England too.

Expert:  JGM replied 3 years ago.
Thanks, ***** ***** has come through to Scots law. I will transfer you. Do not respond to this message. Your question will be automatically transferred and an English expert will be with you shortly.
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Is this the only variation he would like to make please?
Customer: replied 3 years ago.

As far as I know, yes.


 


He would like to be able to own a computer for use at home and to able to use a computer at work, when/if the situation arises. As it stands, he can do neither.


 


His offence was related to downloading indecent images of children. No contact offence took place.


 

Expert:  Jo C. replied 3 years ago.
Thanks.

Its easy enough to apply to vary. You just call the issuing court and get it listed for an application.

CPS are entitled to notice of your intention to make an application and should be given a written variation application in advance although unrepresented people are not expected to comply with the rules to the letter and, in fairness, if the supervising officer does not object then you could argue they have had notice.

There is nothing difficult about making the application.

This is a very onerous condition which might well interfere with his Art 8 rights so its worth applying.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

I called the court on his behalf this afternoon.


I was told that he had to write a letter, addressed to the "listing officer", stating that he would like the court to vary his sopo conditions.


If he is representing himself, would that initial letter of request be sufficient to set the wheels in motion, or would he have to notify the cps?


Is there usually a hearing if the police will not offer resistance?

Expert:  Jo C. replied 3 years ago.
Its a good idea to send a copy to CPS.

All you need to set down is that you want it listed for an application to vary and include some detail over what variation you seek. That isn't needed for the listing officer but it is for CPS.

There is a hearing. Its an order of the court and must be varied by means a hearing.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience: Over 5 years in practice
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