You may have seen on the news that ex-musician, Gary Glitter, has been recalled to prison after breaching the conditions of his licence. As a result of multiple sex offences, Glitter served 8 years of a 16-year sentence before being released from HMP Verne in February of this year.
Glitter was caught trying to access the ‘dark web’ using his smartphone, a part of the internet that isn’t easily accessible – requiring special software to do so. The dark web is known for hosting illegal materials, such as promoting the sale of drugs, weapons, and stolen information. Although we do not know the exact terms of his licence, it is likely that he was required to notify his supervising officer of any electronic devices he had in his possession which would be closely monitored. Random checks can be made by supervising officers who have the power to check the internet history on personal devices.
This case highlights the importance of following the conditions set by the probation service upon release from custody. These rules are in place to encourage the person to re-integrate into society whilst also protecting the public from further offending. As we have seen in this case, attempts to re-offend are taken extremely seriously by the Courts and Probation Service and an individual will be recalled to prison immediately if they are found to be in breach.
For some offences under the Sexual Offences Act 2003, the Court may impose a Sexual Harm Prevention Order (SHPO) for those convicted who are deemed to be a risk of sexual harm to the public. Restrictions can vary and may be specific to the nature of the original offending.
Examples of such restrictions include:
• Monitoring or prohibition of internet activity;
• Not to enter a house if a child under the age of 16 is present;
• Not to visit certain public spaces (for example, the places where the offending occurred e.g. a gym, nightclub or swimming pool).
The SHPO may have effect for a fixed period (usually 5 years) or indefinitely until further order. It may be possible to apply for an order to be varied, for example, if one of the conditions is causing difficulty for the individual. An order cannot be discharged within 5 years of it being made without agreement from the police.
Breaching an SHPO carries a risk of a custodial sentence, and you should seek legal advice as soon as possible.
At Slater Heelis, we understand that dealing with breaches and applications to vary/discharge can be an overwhelming and complex process. Our team is committed to providing comprehensive legal support to individuals and their families who are facing these challenges.
We have a deep understanding of the legal frameworks that govern these issues and a wealth of experience in handling complex cases. Our team is dedicated to working closely with our clients to understand their unique circumstances and provide them with the guidance they need to navigate these difficult situations. Whether it’s applications to discharge a SHPO or providing advice on breaches of licence conditions, our team is on hand to provide the highest level of support and expertise to our clients.
If you’d like to get in touch, give us a call at 0161 969 3131, or fill in our contact form and one of our colleagues will be in touch at the earliest opportunity.