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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6146
Experience:  Spanish Attorney
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I have been given a SOPO in the United Kingdom, if I resided

Resolved Question:

I have been given a SOPO in the United Kingdom, if I resided in Spain would I still have to be issued with a SOPO in Spain (SOPO Sexual Offences Prevention Order). Thank you
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.

José M. : Hi there José m spanish atorney
José M. : according to spanish law your personal circunstancia could not be transferirles to spanish police
José M. : only in case of pederastia is posible under cour autorithation
José M. : So if you came itNo Spsin the information will be unrecheable for the police if there is not a court autorithation to send it
José M. : thank you
José M. : ask if you need for more info
José M. : thank you
Customer:

Gracias Jose,

Customer:

Are you saying that the British Law even though I have been given a SOPO Sexual Offence Prevention Order in a Court in the U.K. cannot be transferred to Spain if I now move to Spain ? The order was issued by a court in the U.K., If both the U.K. and Spain members of the E.U. I have heard the British Police now co-operate with the Spanish Police and that the Spanish Pilice may enforce the order on me in Spain as well ? I am very worried please kindly reply.

Customer:

I am not sure what you mean when it says pederastia is possible under cour authorisation. ? Thank you

José M. : Hi there
José M. : Spanish and European law do not allow the Police to share personal information without a court permission
José M. : pederastia is sex with children
José M. : When pederastia is inbolved the police shared the information because the children protección is more important than personal data protection
José M. : Gracias, Please ask again if needed
Customer:

Thank you, XXXXX XXXXX never had a conviction with sex with children, nor do I wish too. Is it normal that British Courts give permission to the Spanish Courts for someone on a Sexual Offence Prevention Order where sex has not taken place but only an indecent assault ?

Customer:

I have had convictions only for indecent assault on children in 2002

José M. : No Sir. As long as you do not come in truobles, problema, in Spain the info do not came here
José M. : if you come in legal criminal problems in Spain the police could investigare and ask fir the info
José M. : thank you
Customer:

Is there any way I can telephone you at all please ? I am frightened that the Spanish Authorities (Police) will issue me with an order as well ? I am not going to to get in any troubles in Spain or in the U.K. . I just want to live in Spain peacefully and start a new life with my elderly mother. My parents used to live in the Costa Del Sol for many years and we want to emigrate to Espana and live near the coast.

Customer:

I just don't want to have an order on me in Spain.

Customer:

I am happy to pay you for your services, your help has been very helpful and I give you my sincere thanks. Muchos Gracias Senor.

Customer:

I have my travel business (Viajes Agencia) which I will move to Espana

José M. : Gracias a Ud
José M. : I gently ask for a good rate of the service
José M. : enjoy Spain up
José M. : Un saludo Regards
Customer:

Pardon Senor,

Customer:

I am unsure if I have been convicted on a child under 16 does Spanish law consider this as Pedersatia ?

Customer:

It was not sex itself

Customer:

It was an indecent assault, but no sex took place of course.

José M. : No. Pederastia are just kids
José M. : little bits and sex assaults with they
José M. : in this cases Internacional police share information
José M. : I will be here if needed
Customer:

So because I indecently assaulted a child who was 15 years old this means that the British Police will be sharing the information with the Spanish Police ?

Customer:

Will I also have an order from the Spanish Police as well ?

Customer:

Will the British order from the court also stand in Espana please ?

Customer:

Or is it while I am only in the U.K.

Customer:

In other words will the Spanish Police give me an order as well please even though the crime was committed in England ?

José M. : Your legal case never become to Spain. It will be left in Uk
José M. : Spanish police will not get the information
José M. : yours it a case of personal data whichbpolice could not share
José M. : You can came here without problms for that. Do not worry
Customer:

Thank you, XXXXX XXXXX say pederastia is shared with the Spanish Police from the British Police ? I am confused now I am so sorry ??

Customer:

The indecent assaults that I am very ashamed of I made was in the U.K. on children. Will not the British Police inform the Spanish Police ?

Customer:

The assaults happened only in the U.K>

José M. : How old was the Chile in your case?
Customer:

She was 15

José M. : has you been convicted?
Customer:

Yes I was given a suspended sentence (not in prison)

José M. : Perfect
Customer:

?

José M. : 15 years is too old for pederastia case and if you has been not in jail the case not will be shared
Customer:

I do not and never will offend again.

José M. : Do not sorry. Do not be confused
Customer:

I have never been in prison

José M. : pederastia cases requieres several víctima of one under this she and the acused jailed or convicted
Customer:

I had one more conviction of indecent assault in 1980 for indecent assault on a 12 year old child when I was 19 years old, I was convicted but not imprisoned, (not in prison), I am now a changed person.

José M. : I see. When it was? How Manu years ago? Do you have criminal récords got that in UK?
José M. : In Spain récords are ereased after some years
Customer:

The first one was in 1980, and then 2002

José M. : Your case could be a problem if you have pederastia récords in Uk
José M. : and that is it because if you reside in Spain and you have pederastia récords in UK they could be shared
Customer:

In the UK they keep the records.

Customer:

does this mean that I will put on 'a list' too with the Spanish Police ?

Customer:

My convictions are spent, but I am still on the SOPO list Sexual Offences Prevention Order list.

Customer:

Will this mean that the Spanish Police will put me on a list too ?

Customer:

I have never been in prison, my last arrest was 12 years ago.

José M. : In old cases they do not investigate
José M. : So it is against the law to share old info
Customer:

I have finished my suspended sentence 7 years ago, but now only on the list that if I do something again I will be in trouble of course.

José M. : they could share if investigated or risk
Customer:

The list that I am on is for life though ?

Customer:

So what would the Spanish Police do if they shared the information please ?

José M. : If there is not a risk and they could probe it they can no share
José M. : to share requires a risk
Customer:

I am on the list because they consider me a risk ....

Customer:

does this mean that I will have a similar order from the Spanish police too ?

José M. : I am not going to lie you and I am going to be honest
José M. : if they considerer you as a risk and somebody wants to damages you talking the effort to share .... The spanish police will know
José M. : But, they just coul take for you. Nothing more.
José M. : You do not have charges in Spain , so, even When knowing, spanish police could make nothing
Customer:

I understand the Spanish Police may know, they cannot make an order on me ?

José M. : In no case
José M. : as long as they have no charges against you, you are here as I am. A free man
Customer:

So even if the order is issued in the UK the Spanish Police cannot do anything, I am allowed to leave the country from the U.K. the police here cannot stop me, I have no pending charges on me, only the order that if I am in the UK I have to report to the Police station once a year if I live here and tell them where I am travelling too thats the main things.

Customer:

Do you think I have to worry now about problems ?

José M. : They need to have an internacional order (warrant) against you to do something here
José M. : I mean, if you are not in problems in UK now its imposible to find them here
José M. : inly for récords, spanish police can do nothing against you
Customer:

The police here do not have a warrant for my arrest. They are happy so long as I follow the order like reporting to the police station once a year, and they visir me sometimes to check everything is ok.

Customer:

I am happy to here that the Spanish Police can do nothing.,

Customer:

Thank you so much for your kind help with your wonderful service, Muchos, muchos Gracias Senor.

José M. : In short, if you have just records and no warrants in UK, it will be the same in Spain
Customer:

Where are you from in Espana ? Now I must learn Spanish !!! I have the chance of a new life in the sun !!!

José M. : Gracias a Ud.
José M. : do not worry
Customer:

My mother and my father lived in Fuengirola, near Malaga, it is beautiful there ! We shall go back to Spain and live happily.

Customer:

Thank you again, you have made me feel a lot happier. Muchos Gracias Senor !!!

Customer:

Goodbye Sir ! Gracias

José M. : Thank you for that
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