Family and Friends Forum

My partner had extreme pornography (also not children) and had a separate charge for it. He had a charge for each category (he had A,B,C). So I am guessing (I'm not legally trained) at least two charges will be set. Each comes with their legal considerations for sentencing. These can be searched online (especially for the categories). The cat c will have more 'weight'. Tho I'm not sure what the minimum and maximum punishment is for cat C.

I'd be surprised if you only had 28 days to wait for the CPS as well, they seem to be much longer atm!

Definitely be the 2 charges if they go with them both

Xx

Hi

In my partners case he was told 28 days for cps decision then it was extended by another 28 days then by 7 days. I think things are delayed due to covid. Might be a regional thing but where we are things ain't moving as fast as we would like. I tried to keep that in mind to avoid frustration. Keep strong x

I think it's a different charge and my solicitor said they are classed as cat A. But I am not an expert.

It may be worth asking to see the reports. In my partners case they only disclosed their reports a little more than one day before the hearing where he had to plead. This meant there wasn't enough time to gain suitable advice and he panicked and plead guilty. The reports were badly worded, and there were some rather ambiguous statements. They produced their reports many months earlier, so I'm guessing they try to game the system to encourage guilty pleas by disclosing at the last minute. If I went through this process again I would be encouraging my partner to get an independent forensics examiner to at least read through the police reports as well as a solicitor who has a lot of experience in these cases. They're likely to have experience to read between the lines and see if the case is likely as strong as they make out. For these sort of cases it is a very low amount images (obviously one is too many). Category C is the least serious, and given there is so few it may be worth exploring whether or not they really are illegal as such. It's a rather loose definition. As for the extreme pornography, this could be animals or something else. Much of this content is perfectly legal in other countries, as such is easier to come across. You could look closely at the description to see if it is worth challenging.

Hello, my husband was charged with possession of extreme pornography along with the IIOC. The extreme pornography sentence was a fine, it was around £500. As he was imprisoned for the IIOC he was given an extra 7 days in prison instead of paying the fine.

Hi Clair, it was a lot of images throughout the categories. The sad thing is there is no way to predict the outcome. It depends on the judge, if they are pressing for custodial or not.

My husband is autistic and schizophrenic, the police, social work, psychologists were recommending non custodial. Unfortunately the judge didnt agree. Yet another defendant with almost an identical charge didn't receive a custodial sentence. There is no consistency.

It's very unfair, Claire. Different regions have different guidelines. Where we were it was between a fine and life imprisonment, yet other areas have lesser sentences. Cities tend to be the better place, rural areas are the worst. I hope you get the results you hope for x

My partner expected a suspended sentence or a community order. Sadly he got a prison sentence. It's totally at the discretion of the judge whether or not to suspend the sentence. It's all very well for judges to note that by viewing image creates demand, and thus creates more victims. By that logic they also need to recognise that the research is clear, and people who are sent to prison as opposed to non-custodial sentences are more likely to reoffend. As such the judges actions are creating more victims when they choose prison, and they should be a hell of a lot more aware of the consequences of their actions. It's literally their job to inact sentences that decreases risk. Anyway, sorry about the rant, I'm a little bitter about the double standards. I would note, I obsessively looked at media reports when my partners case was being looked at, and most recieved suspended sentences or community orders for these sorts of offences.

For category C, the starting point is a high level community order (assuming just possession or making): https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/possession-of-indecent-photograph-of-child/

They can consider mitgating and aggrovating factors to increase or decrease the sentence. The range is from a Medium level community order – 26 weeks’ custody

Been waiting 7 months now with it being with cps, so don't expect it to be within the 28 days state's. Covid has had a massive impact on the cases.

New to all this. Category A is the worst, isnt it?

Would an offender being looking at serving time in prison for this?

We are only a few days post knock so it's really early days.

Thanks for advice x

Stay safe x

There are a few postsp around the forum about charges (the search function could help). It is is early days but if it helps not all cat A lead to prison sentence. That is the worst case. There are an number of variables and tbh depends on the judge on the day.

My partner had all Cats and other prohibited material. He got two years suspended for two years, 200 hours community service and on the register and sexual harm prevention order for ten years. The fact he was remorseful and pleaded guilty and did rehab helped his case. Tho I would recommend that offenders and those supporting them to work on bettering the offerender, hope for the best but prepare for the worst. (Especially if there is large and long periods of offending. Communication offences involving grooming and trying to arrange to meet are treated as worst than images and footage only, from what I have seen).