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Hi guys!
My husband was arrested 2019 Dec and the file sent to the CPS for a charging decision Dec 2020.
The police found nothing else but the one conversation he was arrested for no other evidence was found and this has been explained in written reps to CPS from our solicitor.
Now I am getting stressed out waiting for their answer I'm petrified it will go to court and then the press. My husband said if he is charged he will aim for a out of court settlement. Is that even possible?
Does the CPS ever say NFA on these sorts of things?
TIA
My husband was arrested 2019 Dec and the file sent to the CPS for a charging decision Dec 2020.
The police found nothing else but the one conversation he was arrested for no other evidence was found and this has been explained in written reps to CPS from our solicitor.
Now I am getting stressed out waiting for their answer I'm petrified it will go to court and then the press. My husband said if he is charged he will aim for a out of court settlement. Is that even possible?
Does the CPS ever say NFA on these sorts of things?
TIA
Evening
He could be offered a simple caution which is no court but 2 years on SOR. Am sure someone will correct me if I'm wrong but think it needs to be first offence and he would have to have admitted what he had done.
He could be offered a simple caution which is no court but 2 years on SOR. Am sure someone will correct me if I'm wrong but think it needs to be first offence and he would have to have admitted what he had done.
I'm pretty certain that an out of court settlement is not applicable in criminal cases.
A civil case could be resolved out of court because it's a dispute between two parties. Someone would be bringing this to the courts to be settled. For example if Mrs and Mr Smith didn't pay their cost for an extension being built, the builders could take them to court and sue them. They could also settle out of court beforehand to avoid costly court bills.
However criminal cases are being brought to light by the police, NCA ect... Institutions like that... They go to the CPS to decided because an illegal act has been carried out and their is evidence enough to support prosecution.
I do hope this helps you and your husband understand somewhat and I really have my fingers crossed for you that it goes well!
A civil case could be resolved out of court because it's a dispute between two parties. Someone would be bringing this to the courts to be settled. For example if Mrs and Mr Smith didn't pay their cost for an extension being built, the builders could take them to court and sue them. They could also settle out of court beforehand to avoid costly court bills.
However criminal cases are being brought to light by the police, NCA ect... Institutions like that... They go to the CPS to decided because an illegal act has been carried out and their is evidence enough to support prosecution.
I do hope this helps you and your husband understand somewhat and I really have my fingers crossed for you that it goes well!
Hey guys!
Thanks for your messages.
So it was one conversation over few days husband has been perfectly clear and it has been made obvious with no other evidence found that he was not looking for this he was using KIK chatroom to play out a sexual fantasy of school girl and teacher. Husband apparently according to his solicitor has done this often to play out fantasy of things like this. His solicitor says the chats are not dissimilar to you being at home and your girlfriend or boyfriend dressing up in a school girl outfit or a nurses uniform. It was with a police decoy and husband used his real name his contract number and address to sign up so was not trying to hide who he was.
The police decoy then kept messaging to reinstate the conversation and then tried to move conversation onto whats app for which my husband said I don't want it on there.
I just don't know what the outcome is going to be and I just hope CPS see that this was a mistake and not seeking something.
Husband solicitor states in written reps that they believe it does not reach the evidential threshold. And also due to his mental health at the time this may have caused him not to act with sound thinking.
It is his first offence he has never been involved with the criminal justice system and he has admitted from the start he had the conversation he hasn't denied and won't deny it.
He since his arrest has spoken to stop it now or Lucy faithful and been provided books. The person on the phone told him the course although good due to the nature of his offence probably wouldn't be suitable.
He has been in therapy since the start and has been diagnosed with AAD (adult attschement disorder) and also being tested for asperghers as it is closely linked. He has also finally dealing with the child abuse he suffered at age of four living in a foreign country. All of which apart from his own child abuse has been mentioned in written reps. He also has his phone connected to mine so he can't download or go on anything online without me knowing. He also has not been on porn since his arrest.
I'm just dreading outcome it is petrifying me.
Thanks for your messages.
So it was one conversation over few days husband has been perfectly clear and it has been made obvious with no other evidence found that he was not looking for this he was using KIK chatroom to play out a sexual fantasy of school girl and teacher. Husband apparently according to his solicitor has done this often to play out fantasy of things like this. His solicitor says the chats are not dissimilar to you being at home and your girlfriend or boyfriend dressing up in a school girl outfit or a nurses uniform. It was with a police decoy and husband used his real name his contract number and address to sign up so was not trying to hide who he was.
The police decoy then kept messaging to reinstate the conversation and then tried to move conversation onto whats app for which my husband said I don't want it on there.
I just don't know what the outcome is going to be and I just hope CPS see that this was a mistake and not seeking something.
Husband solicitor states in written reps that they believe it does not reach the evidential threshold. And also due to his mental health at the time this may have caused him not to act with sound thinking.
It is his first offence he has never been involved with the criminal justice system and he has admitted from the start he had the conversation he hasn't denied and won't deny it.
He since his arrest has spoken to stop it now or Lucy faithful and been provided books. The person on the phone told him the course although good due to the nature of his offence probably wouldn't be suitable.
He has been in therapy since the start and has been diagnosed with AAD (adult attschement disorder) and also being tested for asperghers as it is closely linked. He has also finally dealing with the child abuse he suffered at age of four living in a foreign country. All of which apart from his own child abuse has been mentioned in written reps. He also has his phone connected to mine so he can't download or go on anything online without me knowing. He also has not been on porn since his arrest.
I'm just dreading outcome it is petrifying me.
Hi I'm so sorry you are going through all this it's incredibily stressful isn't it. I'm right at the start of it all with my husband. We are in limbo at the moment. I hope you don't mind me asking but you mentioned the linking of phones? Is that helping? I'm trying to do things now to help my husband,he was arrested on Thursday morning, our house searched and phone and laptops taken. He admitted to me he's addicted to porn which took him into darker illegal child porn and he's saved photos. He hadn't shared them, chatted to anyone, joined any groups etc etc it's just him. I hope your outcome is ok. I'm starting to see it's an horrific time for partners isn't it. We in effect are punished more with the waiting. I'm getting my husband to contact the helpline on here.