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Does CPS charge always mirror what police advice?

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Jayjay

Member since
December 2021

695 posts

Posted Wed January 26, 2022 8:22pmReport post

Police have told us evidence has been sent to CPS for making cat a-c iioc.

How likely is it that that's definitely the charge?Could it change? could any more evidence come to light or is that it? Could CPS disagree. I am worried incase it gets worse and I'm not prepared

BaffledB

Member since
July 2021

876 posts

Posted Wed January 26, 2022 9:05pmReport post

Hey,

Obvs I wasn't in the interview but the Police said communication. That's now turned into intent to - communicate/send pics/incite minor to engage in sexual activity. The part of the conversation which they stipulate incite is laughable to be honest, I actually don't know how it's all come to this even looking at all the evidence. They will push for absolutely everything they can off evidence even if it isn't particularly strong. If you plead not guilty then it will be further scrutinised and some charges may get dropped. They can only go off facts and how likely a jury will consider a guilty verdict off the evidence presented. It's all down to context and individual circumstances in these cases but I would recommend getting the evidence from the CPS as soon as charges are made and get advice on what to plead. We've been advised to plead not guilty and the solicitor is also actively considering using the actions of the Police at the arrest and after in some kind of way which I'm pleased about. The Police also advised of "illegal" images (not iioc) which came from a stupid lads Whatsapp group but these haven't been charged however the numbering of the charges suggests that the Police presented them to the CPS For consideration and they must not have accepted.

I've worried myself sick for almost a year over this and to be quite honest over the last 2 weeks I really couldn't care less if the absolute worst happens anymore. It's disgraceful how people are effectively left to rot and worry for long periods of time. I wish you all the best and hope your outcome is a positive one xx

Jayjay

Member since
December 2021

695 posts

Posted Wed January 26, 2022 9:25pmReport post

Thanks both. I totally agree about people being left to rot. It's not just the offender/accused it's partners/parents/children with very little support.
he admitted he'd been looking at images therefore pleading guilty. Was just wondering if the charge was likely to be what the police told him it would be x

Blackhound

Member since
October 2020

479 posts

Posted Wed January 26, 2022 10:16pmReport post

Being left to rot is one of the most life changing, debilitating things about this process... 12 months should be the limitation for this kind of investigation... That's from start to finish...

Being now on month number 15 for my partner is ridiculous... Even more so is that it could last another 9 months, up to two years...

We were told by the police and the StopSo therapist that a caution maybe likely in our scenario but tbh from what I have read here almost no one gets a caution...

So everyday you have to think about what the outcome may be...

My partner has to think that in the midst of a undiagnosed depressive period of his life where he was so low, he did some stupid things a handful of times and now he has to be penalised during the process and after the process... I'm not advocating for no punishment... I just think that the amount of time before the investigation should be taken into account when being sentenced or the process should be shortened... My partner deserves to be punished, re-hebilitated and this was the wake up call he needed to address a lot of things...

But to be subjected to this before the final judgement is ridiculous...

Jayjay

Member since
December 2021

695 posts

Posted Thu January 27, 2022 12:00amReport post

Police said making iioc cat a-c, Lee

minzaal

Member since
October 2021

44 posts

Posted Thu January 27, 2022 7:42pmReport post

JayJay,were the images still viewable or were they deleted before the devices were seized ? It makes a difference.That is why I advised earlier re the SFR (streamlined forensic report).there is plenty of precedent re deleted images.if they were deleted and inaccessible there will be no possession.Then they have to PROVE "Making" which can be difficult for them.

Jayjay

Member since
December 2021

695 posts

Posted Sat January 29, 2022 11:38amReport post

They said they had been viewed so was in the phones history. He didn't save them.



I would be scared to get one of those in case they fine worse/more than he will be charged with now?

Blackhound

Member since
October 2020

479 posts

Posted Sat January 29, 2022 1:04pmReport post

Interesting advice Lee... Didn't know about that ! Of course for most men it would be considered there fault I think... I also think the mental status of the person at the time should be taken into account if I am honest but that's but a dream ...

JayJay I know that if your partner admits guilt they downgrade any punishment given by 33%...

Dont know if that helps you or not...

Jayjay

Member since
December 2021

695 posts

Posted Sat January 29, 2022 4:36pmReport post

He will be pleading guilty, he is guilty and admitted that on the day of the knock.
so police said making cat a-c so I just wondered if cps had ever come back to say actually I think the charge should be something different

Bitterbean

Member since
December 2021

635 posts

Posted Sun January 30, 2022 5:38pmReport post

Lee, Blackhound, presumably if the accused causes the delay because pleading NG and the time taken for the extra investigations needed to build the defence is not taken into account when sentencing. A double whammy. Actually a triple whammy. No concession for pleading guilty, no concession for delaying and no concession for seeking help /treatment (because why would you if you are innocent?)

Blackhound

Member since
October 2020

479 posts

Posted Sun January 30, 2022 6:36pmReport post

Bitterbean, I would assume that if the person pleads not guilty then it they would not take time into account as a mitigating factor... Your partner's crime is similar to mine, there's was around 130 for us, all considered C/B... So relatively low key..

Lee I had to read it a few times because I am slow hah but it makes sense yes !