What can I do?
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Hi all, my partner is due in court this Wednesday, he got the knock Feb 2020 and was RUI, he had a 2nd interview in May 2021 after the police forensics had finished with his phone and tablet. He was told he would hear from them within 28 days but here we are 7 months later and I really don't know what if anything I can do?
He is charged with distribution of iioc and making iioc through the dreadful Kik app which I've read about numerous times in the forum. He deleted the images and videos and the app straight away but not before stupidly forwarding images within the chat room. However he is also charged with making videos and images which he honestly didn't do. But how can he prove this, surely if the police forensics have studied his devices they would have found this? At the 2nd interview they did imply he was at the bottom of the pile and would most likely get community service but I'm really fearful of the something worse.
We don't live together but he has been completely open and honest with me and I have seen the notice of criminal charge. Unfortunately he cannot afford a solicitor and I am not in a position to support him financially so is reliant on the duty solicitor being at court.
Any advice is appreciated although I realise it might be too little too late. Tia
He is charged with distribution of iioc and making iioc through the dreadful Kik app which I've read about numerous times in the forum. He deleted the images and videos and the app straight away but not before stupidly forwarding images within the chat room. However he is also charged with making videos and images which he honestly didn't do. But how can he prove this, surely if the police forensics have studied his devices they would have found this? At the 2nd interview they did imply he was at the bottom of the pile and would most likely get community service but I'm really fearful of the something worse.
We don't live together but he has been completely open and honest with me and I have seen the notice of criminal charge. Unfortunately he cannot afford a solicitor and I am not in a position to support him financially so is reliant on the duty solicitor being at court.
Any advice is appreciated although I realise it might be too little too late. Tia
Are the charges only making and distribution? Or does it include producing? I ask because you say he denies 'making'- but in the legal terms this can simply mean he had created a file/copy. It has been a long time since I used Kik but I think there is a setting that will auto save pics and vids from groups. It is definitely something to get a solicitor to query. He should be able to get legal aid at least.
Between now and the sentencing I recommend getting character references prepared and proof of rehabilitation, even phone logs to Lucy faithful is helpful. CPS can get it wrong. If he genuinely thinks he hasn't done all the charges against him he can plead not guilty to some.
But defo get legal advice on this.
Between now and the sentencing I recommend getting character references prepared and proof of rehabilitation, even phone logs to Lucy faithful is helpful. CPS can get it wrong. If he genuinely thinks he hasn't done all the charges against him he can plead not guilty to some.
But defo get legal advice on this.
Get a solicitor and get a computer forensic expert to examine the Streamlined Forensic Report (SFR).
This is the second time I have tried to post this.In the interests of justice,it should be allowed.Even if you are on kegal aid,your solicitor should have the Streamlined Forensic Report (SFR) examined by a forensic computer expert.If the images were sent unsolicited and deleted immediately,there is no offence of making or possessing.LFF,you must also help those who are innocent !
Thanks all, magistrate's hearing was today. He saw the duty solicitor who advised plead guilty in the hope that he will get 2 yrs suspended sentence. Crown hearing is 7th January, had to report to the police station to sign the SOR with 3 days. Annoyingly our nearest police station is a 55 minute drive away and he doesn't drive and no public transport directly from home town so its all bit of a faff getting there.
Charges are 2 counts of distribution of cat A and C and making across all 3 cats. As he stays with me occasionally overnight we had to add my address to SOR and my sons name as he is under 18. I'm just finding it hard to come to term's with because he really isn't a bad person and is struggling mentally. So now just wait until the 7th.
Charges are 2 counts of distribution of cat A and C and making across all 3 cats. As he stays with me occasionally overnight we had to add my address to SOR and my sons name as he is under 18. I'm just finding it hard to come to term's with because he really isn't a bad person and is struggling mentally. So now just wait until the 7th.
Lee1969 thank you, he is waiting for a letter from the duty solicitor company as they said he doesn't qualify for legal aid at magistrate's Court as his earnings are too high but Crown Court is slightly different so he may qualify. Something they will look into. I am just concerned if I will have anyone contact me with regards to my son, he is from my previous marriage and is 17 so hardly a child but still classed as a minor. Having lost his dad to cancer 4 years ago I don't want him put through anything else, him and my partner have built up a good relationship all perfectly safe and innocent I hasten to add.