How can you discharge a SOPO?
26th Feb 2020
I was given a jail sentence in July 2007 and a SOPO in October 2007. I would like to appeal it or to get it discharged but don't know where to start?
CATEGORY: Criminal
LOCATION: GLOUCESTERSHIRE
1 answer
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You can apply to the Crown Court that imposed the original order to either vary or discharge the order. I note that your order is very old and pre-dates some important case law. Most notable of these cases was R v Smith & others 2011. As a result of this case, disproportionate orders, for instance, those banning all use of the internet, were found to be unlawful. The same with conditions that duplicated the terms of the notification requirements. If your order isn't 'Smith' compliant, it may be easier than you think to get it either varied or discharged. I would recommend that you find a solicitor locally who can have a look at your 'order' and advise on the prospects of either having it discharged or perhaps varied.
Kent Criminal Law
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