Is he hiding things?
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Hello everyone,
I hope you can help.
So we had the knock in January, he was taken in for questioning and released under investigation. Apparently he was downloading films etc from a website and it was hidden in those files. He says it was a mistake, he didn't know and never watched anything. It's now November and my husband has just has his second interview. Now he's saying it was just the same questions again, they're still looking into things and there was nothing new. He said his solicitor said he should be preparing character references for if it's goes to court and if he does he should expect 12 months. Now this doesn't sound right to me? A first time offence for anything, an accidental download and never watched....surely? But from reading things on this forum it seems you only get a second interview if they've found something and that the solicitor would know what they found in terms of numbers, categories etc at the second interview. Which makes sense because how could the solicitor say 12 months if he didn't know the charges? My question is am I being lied to? Is my OH hiding things? I don't know how many things were found, if they were videos or photos, the gender or age, if they were viewed or deleted or hidden. Does he know and he's hiding it or what? What would he know by now having had his second interview already. We don't have children but my family is only 4 people and we are really close and my niece has a son who is young and she's really worried that we don't know any information and why we don't.
Thank you.
I hope you can help.
So we had the knock in January, he was taken in for questioning and released under investigation. Apparently he was downloading films etc from a website and it was hidden in those files. He says it was a mistake, he didn't know and never watched anything. It's now November and my husband has just has his second interview. Now he's saying it was just the same questions again, they're still looking into things and there was nothing new. He said his solicitor said he should be preparing character references for if it's goes to court and if he does he should expect 12 months. Now this doesn't sound right to me? A first time offence for anything, an accidental download and never watched....surely? But from reading things on this forum it seems you only get a second interview if they've found something and that the solicitor would know what they found in terms of numbers, categories etc at the second interview. Which makes sense because how could the solicitor say 12 months if he didn't know the charges? My question is am I being lied to? Is my OH hiding things? I don't know how many things were found, if they were videos or photos, the gender or age, if they were viewed or deleted or hidden. Does he know and he's hiding it or what? What would he know by now having had his second interview already. We don't have children but my family is only 4 people and we are really close and my niece has a son who is young and she's really worried that we don't know any information and why we don't.
Thank you.
It is possible that he genuinely did not know, it is one of the downsides of downloading stuff especially from the likes of peer to peer sites.
It's also equally possible that he's lying to you for some reason. The only way for sure is to see the evidence that the police have. The solictor should have been given some of that ahead of the second interview. The solictor will only be allowed to share that with you if he gives the solicitor permission. Have you asked him to do that?
The solictor may not have all the evidence sometimes that doesn't get handed over until it gets to the CPS, but they should have some information.
It's also equally possible that he's lying to you for some reason. The only way for sure is to see the evidence that the police have. The solictor should have been given some of that ahead of the second interview. The solictor will only be allowed to share that with you if he gives the solicitor permission. Have you asked him to do that?
The solictor may not have all the evidence sometimes that doesn't get handed over until it gets to the CPS, but they should have some information.
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From my personal experience, and what I've read in here, a second interview takes place after the devices have been checked and evidence has been Found or something new has come to light.
usually you would find out at second interview what charges have been proposed before sending the case off to CPS.
It may be a more complicated case or he may be lying. but the fact he is talking sentencing (which solicitor cannot guess at all, as depends on so many factors and the judge in the day) makes me think he knows what than he's letting on.
Cat A iioc sentencing guidelines starts at 12 months (can be suspended, reduced, increased) if that helps.
Do you have contact details for the oic to ask if charges have been sought? You could say you have a young child in the family and need to know whether there are safeguarding issues? X
usually you would find out at second interview what charges have been proposed before sending the case off to CPS.
It may be a more complicated case or he may be lying. but the fact he is talking sentencing (which solicitor cannot guess at all, as depends on so many factors and the judge in the day) makes me think he knows what than he's letting on.
Cat A iioc sentencing guidelines starts at 12 months (can be suspended, reduced, increased) if that helps.
Do you have contact details for the oic to ask if charges have been sought? You could say you have a young child in the family and need to know whether there are safeguarding issues? X
My advice would be to ask your partner if you can have full disclosure with his solicitor. Your partner would give his solicitor permission to tell you everything(which shouldn't be an issue if there's nothing more to hide). Just tell him you need to hear it from the solicitor himself for your own peace of mind. It will help prepare you for sentencing and possible outcomes.
When the evidence report eventually comes back from Forensics it is sent to his solicitor and then you can both read the report so you know exactly what evidence has been found. Word of warning though, reading the evidence is very hard to stomach. In our case it was images and a description of what it contained, gender, general ages, what category it falls into and quantity xx
When the evidence report eventually comes back from Forensics it is sent to his solicitor and then you can both read the report so you know exactly what evidence has been found. Word of warning though, reading the evidence is very hard to stomach. In our case it was images and a description of what it contained, gender, general ages, what category it falls into and quantity xx