Client in Breach of Sexual Harm Prevention Order fined

Case study summary

Our client was charged for failing to notify the police when he acquired a new laptop, in breach of the terms of his SHPO. This requirement was not explained to him by his Offender Manager and due to learning difficulties he was unable to read the order himself.

Case study

Our client was charged in December 2023 in relation to an incident which took place in September 2022. After being told in June 2023 that the police would be taking no further action in this matter, he was shocked to find out in December 2023 that he was being charged.

Under the terms of a Sexual Harm Prevention Order imposed in December 2021 as a result of a conviction, the client was required to notify the Police within three days of the acquisition of any new electronic device capable of accessing the internet. Our client's Offender Manager told him that the only requirement was to contact her mobile in order to notify her.

Prior to purchase of his new laptop, the client was informed that his Offender Manager had left the police force. He did not know that he was required to go to the police station to notify them of this because it had not been explained to him. Our client also has learning difficulties which impact his ability to read and he was not able to understand and read the order on his own When a new Offender Manager was appointed, he disclosed his purchase immediately. He was investigated in regard to this and told that the police would be taking no further action. Despite this, he then found himself charged in December 2023, 15 months after the breach.

Our client had fully complied with his order until this incident, and has continued to do so in the year since, he had also completed all of the unpaid work hours which formed part of his original sentence alongside the SHPO, in under six months. Since his original conviction, the client has struggled with his mental health greatly. He had shown dedication and commitment to moving on from his previous conviction and the ongoing investigation and subsequent court proceedings impinged on his ability to rebuild his life following the original conviction.

At the client's First Appearance, he entered a guilty plea and our in-house advocate presented his extensive mitigation to the Court. As a result, he was sentenced to pay a fine of £80 for the breach and the case was concluded.

Now that this matter has finally been put to rest, our client is well on his way to seeing out the term of his Sexual Harm Prevention Order and moving on with his life.