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Sam_tyler8

Member since
June 2020

77 posts

Posted Sun September 19, 2021 4:11pmReport post

Hi guys



Haven't posted in a while so my friend who's been charged with iioc across all categories mainly cat C if he poses no risk to the public and poses no risk to doing it agian how do courts give their sentences he's got mental health issues so he's only a risk to himself their was under 555 images and videos think 74 cat A can't remember how many category B but most was category C bearing in mind the devices what stuff was found on was shared but he's only one been charged so how do courts decide if he poses a risk to re offending and the public.



Thanks

Dawn14

Member since
June 2021

472 posts

Posted Sun September 19, 2021 4:35pmReport post

Hi,

Wat do u mean he has only 1 charge, I would have thought he would have at least 4, 1 charge for each category and 1 charge for having all the pictures? My husband had 4 charges set out like I've explained above. They should do an pre sentence report on him

Notalone1970

Member since
May 2021

98 posts

Posted Sun September 19, 2021 5:18pmReport post

Hi Sam_tyler8

I would have to agree it is unlikely to be just one charge, a person will normally have charges for the posession and depending on the levels will depend on how many charges, then there will be charges for the making (downloading) again the number will depend on the amount found and could also include specim charges on what they might not have been able to recover adn then if he has shared them there will be distribution charges.

In terms of sentencing the judge will take into account a number of things, he will start by using the sentencing guildlines for these offences issued by the sentencing council. He will start at the higher end of the punishment spectrum based on the offence that has been committed then work there way down, taking into account the pre sentence report, mitigation given by the defence, and CPS representations. If there was an early guilty please then there is up to a 1/3 off as well and will be taken into account. The judge will then pass his sentence.

Sam_tyler8

Member since
June 2020

77 posts

Posted Sun September 19, 2021 9:29pmReport post

Sorry guys forgot to say he has 4 charges 1 charge cat A 1 charge cat B 1 charge cat C and 1 charge prohibited images

Dawn14

Member since
June 2021

472 posts

Posted Mon September 20, 2021 1:41amReport post

Hi sam_tyler8,

And then there will be a charge for all of the above, I don't understand y they do that if they charge them separately too, makes no sense

Notalone1970

Member since
May 2021

98 posts

Posted Mon September 20, 2021 6:52amReport post

It all comes down to the offences committed and what act/ acts the CPS decide to charge under be it sexual offences act 2003, protection of children act 1978 and criminal justice act 1988