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Ask JGM Your Own Question

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9983
Experience:  30 years as a practising solicitor.
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Customer Question

A friend has asked me to find an answer on his behalf. I have quoted what he has asked

"I was convicted of sexual offences against children and possession of indecent images of children. These were two separate court appearances... both cases were an utter joke ( I wasn't guilty of either but was hung-out-to-dry by the sheriff).

As part of the punitive element he was given an an internet ban, community service and Sex Offender registration. One of the outcomes of the conviction was the loss of job. He has been trying ever since to get work - some employers are OK with the conviction but the internet ban is making getting a job impossible as almost every employer has a form of computer accessing requirement.

He is wondering what the chances of getting the internet ban dropped. I have found some news reports about this happening in England under 'Human Rights'. What would be the chances of success, the process of going about it and would financial support be available?
Submitted: 3 years ago.
Category: Scots Law
Expert:  Remus2004 replied 3 years ago.

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

When you say a ban I presume you mean he is on a SOPO?
Customer: replied 3 years ago.

I have phoned him and he is unsure - he said that his paper work states that he is not to access the internet, have unsupervised contact with children under the age of 16 and sign the SOR. There is seemingly no mention of SOPO, just conduct requirements. He said to remind you that it is Scots law (if it makes a difference).

Expert:  Remus2004 replied 3 years ago.
Yes, it may. I will move it for you.
Customer: replied 3 years ago.

Please remove my question and refund my payment. The reason for my dissatisfaction is the time taken

Expert:  JGM replied 3 years ago.
Thank you for your question.

This is a SOPO which stands for sexual offences prevention order so it is a protective not a punitive measure.

Such an order is for a minimum of 5 years. There is no maximum duration. An application to the sheriff court can be made by your friend to vary or discharge the order. It can't be discharged within the first five years without the consent of the police.

The human rights issue in England related to notification requirements which has caused a "double" application is needed, one to discharge the SOPO and other to remove the requirement to notify. This is not in fact the law in Scotland therefore the issue doesn't apply.

If this is not the issue you have read about yourself, let me know and I will be happy to discuss further.

However, your friend should see his own solicitor to advise on whether, in his own particular circumstances, it is likely that the court would be persuaded to grant a discharge. His own solicitor is better placed to do so.

I hope this helps. Please leave a positive response so that I am credited for my time.

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