Custodial or suspended?
Notifications OFF
So mu husband had his briefing today with QC and solicitor.
Their opinion is that a trial will be very hard on him. That it would be very hard to prove without other bits of evidence that he didn't know it was a girl he was talking too.
They have left him to decide what to do next but ifs looking like a guilty plea. QC said it is possible if pleading guilty to get a suspended sentence with all mitigating. If he was to go to trial and be found guilty it would be automatic prison.
Has anyone else's husbands been done for communication offences and got suspended? If they didn't how long did they get?
Tia xx
Their opinion is that a trial will be very hard on him. That it would be very hard to prove without other bits of evidence that he didn't know it was a girl he was talking too.
They have left him to decide what to do next but ifs looking like a guilty plea. QC said it is possible if pleading guilty to get a suspended sentence with all mitigating. If he was to go to trial and be found guilty it would be automatic prison.
Has anyone else's husbands been done for communication offences and got suspended? If they didn't how long did they get?
Tia xx
My husband was sentenced to 16 months suspended for 2 years for communication. If I remember correctly they can only suspend a sentence if it's less than 2 years and the automatic reduction for a guilty plea can result in the sentence time coming under the 2 years.
Whatever you have been told I would prepare for the worst. It does appear that custodials are becoming more common for communication offences and that even if it was a decoy it's being treated as if it was a child in some instances. There's also quite a few different offences lumped under the term communication and which one(s) charged with can make a huge difference.
Whatever you have been told I would prepare for the worst. It does appear that custodials are becoming more common for communication offences and that even if it was a decoy it's being treated as if it was a child in some instances. There's also quite a few different offences lumped under the term communication and which one(s) charged with can make a huge difference.
Oh Lee1969 it's sooooo good to see you on here again!!
Thank you both for responding.
The conversation was not found on his phone. They only have it from their side (police decoy)
We have three charges:
Inciting child under age of 13 with penetrative (finger), arrange or facilitating and something else I can't remember. All from the one chat. Our QC said there could be no plea bargains but obviously there can.
Mitigating is his mental health back up by psych report x3, gp record and arrest mental health report which proves he had no support from local mental health services literally 4 months prior to the ONE conversation.
Aspergers
The fact he has been in counselling privately funded and residential privately funded.
There is quite a few more bits.
It seems so varied for this offence.
QC says they know them in the courts we are going to so hoping this will help bolster our side.
How is your case going Lee1969?? Is it all over yet? Xx
Thank you both for responding.
The conversation was not found on his phone. They only have it from their side (police decoy)
We have three charges:
Inciting child under age of 13 with penetrative (finger), arrange or facilitating and something else I can't remember. All from the one chat. Our QC said there could be no plea bargains but obviously there can.
Mitigating is his mental health back up by psych report x3, gp record and arrest mental health report which proves he had no support from local mental health services literally 4 months prior to the ONE conversation.
Aspergers
The fact he has been in counselling privately funded and residential privately funded.
There is quite a few more bits.
It seems so varied for this offence.
QC says they know them in the courts we are going to so hoping this will help bolster our side.
How is your case going Lee1969?? Is it all over yet? Xx
Hi lovely!
No never arranged to meet, the decoy asked to meet and even went onto what's app and tried to get him to meet.
The CPS really know nothing. What I find hard is yes okay it was a police decoy but how is it possible to charge someone when the conversation isn't even on their phone.
QC said there has been a change in the law via court of appeal where they have to take into consideration whether or not it was a real child and if there wasn't then they need to decrease the sentence accordingly.
It's tiring. I don't want him to plead guilty because I am petrified he is going to prison but everyone seems so positive and says his package of mitigating circumstances including his own sexual abuse when he was younger makes for a pretty hefty mitigating circumstances situation.
I am just broken my kids can't lose their dad and I can't lose my husband. I know that if he goes to prison it will be a death sentence I know I will have a phone call telling me he has done something to himself.
No never arranged to meet, the decoy asked to meet and even went onto what's app and tried to get him to meet.
The CPS really know nothing. What I find hard is yes okay it was a police decoy but how is it possible to charge someone when the conversation isn't even on their phone.
QC said there has been a change in the law via court of appeal where they have to take into consideration whether or not it was a real child and if there wasn't then they need to decrease the sentence accordingly.
It's tiring. I don't want him to plead guilty because I am petrified he is going to prison but everyone seems so positive and says his package of mitigating circumstances including his own sexual abuse when he was younger makes for a pretty hefty mitigating circumstances situation.
I am just broken my kids can't lose their dad and I can't lose my husband. I know that if he goes to prison it will be a death sentence I know I will have a phone call telling me he has done something to himself.
Hi there!
from my experience it is absolutely the luck of the judge on the day. I don't want to scare anyone in anyway, but me and my children were not prepared at all for a custodial, our solicitor and probation said it would very likely be a suspended sentence.
You can have strong mitagating circumstances and no evidence found on devices of decoy conversations and still get a harsh punishment unfortunately.
My partner had a very small amount of images mostly prohibited ones (cartoon) and a conversation with a decoy 'encouraging someone to play a porn vid while a child was present in the same room'. He admitted and was honest about everything from the start. He was deeply depressed and self harming at the time of offending. He'd also been abused when he was a child.
No evidence of the conversation was found on the devices, only a small amount of images.
On the day of crown court, he was sentenced to 18 months custodial. We were not prepared for it at all. Such a shock and so terrible.
They took none of the mitigating circumstances in to account. They were told my partner was living with and looking after his Mum at the time, who is elderly and unwell. 2 weeks after he was put in custody she fell and broke her pelvis and hip.
like I say I do not want to scare anyone in anyway, but it is such a lottery when it comes to these offences. I've seen so many different outcomes. Please hope for the best and prepare for the worst.
Big hug and the best of luck to you
Blue x
from my experience it is absolutely the luck of the judge on the day. I don't want to scare anyone in anyway, but me and my children were not prepared at all for a custodial, our solicitor and probation said it would very likely be a suspended sentence.
You can have strong mitagating circumstances and no evidence found on devices of decoy conversations and still get a harsh punishment unfortunately.
My partner had a very small amount of images mostly prohibited ones (cartoon) and a conversation with a decoy 'encouraging someone to play a porn vid while a child was present in the same room'. He admitted and was honest about everything from the start. He was deeply depressed and self harming at the time of offending. He'd also been abused when he was a child.
No evidence of the conversation was found on the devices, only a small amount of images.
On the day of crown court, he was sentenced to 18 months custodial. We were not prepared for it at all. Such a shock and so terrible.
They took none of the mitigating circumstances in to account. They were told my partner was living with and looking after his Mum at the time, who is elderly and unwell. 2 weeks after he was put in custody she fell and broke her pelvis and hip.
like I say I do not want to scare anyone in anyway, but it is such a lottery when it comes to these offences. I've seen so many different outcomes. Please hope for the best and prepare for the worst.
Big hug and the best of luck to you
Blue x
Hello
Sorry I'm stepping in on this topic
Hope you's are ok? My father was arrested for talking to minor online was actually a policeman he was on a legal site took his work computer laptop phone USB sticks and I pad found nothing else he was at police station today he was charged with the one offence the papers are going to pps can anyone tell me what happens after that please
Very worried xx
Sorry I'm stepping in on this topic
Hope you's are ok? My father was arrested for talking to minor online was actually a policeman he was on a legal site took his work computer laptop phone USB sticks and I pad found nothing else he was at police station today he was charged with the one offence the papers are going to pps can anyone tell me what happens after that please
Very worried xx
Hello thank you for replying
His charge is for sexual communication towards a minor he was on a legal site and this girl popped up to him first she said she was 18 then told him she was 13 daddy said we can't talk then if he had of left it at that it would have been grand but they talked on it was a policeman the conversation had sexual induanuo's in it one conversation that's the charge there was no agreement to meet up or pics shared etc
His charge is for sexual communication towards a minor he was on a legal site and this girl popped up to him first she said she was 18 then told him she was 13 daddy said we can't talk then if he had of left it at that it would have been grand but they talked on it was a policeman the conversation had sexual induanuo's in it one conversation that's the charge there was no agreement to meet up or pics shared etc
Nothing else was found on any devices thankfully, he is a broken man from it I hate him at times then feel so sorry for him at times, x