The Bomb Has Gone Off Again
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Just had another visit from the Police, this time to hand over Notice of Charges for my partner....
In court early January, so that's us hoping to try and make the best of Christmas this year now out of the window.
Don't know what to do now, have to admit to having been burying my head in the sand recently but now it's exploded again.
Charges are:-
Making Cat B x 2
Making Cat A x 3
Making Cat C x 50
Distribution 1 x Cat B, 4 x Cat C & 1 prohibited image of a child
Please please please if anyone can help me I don't know where to turn now. Is this looking at prison? He has not taken ANY pictures, all pictures are ones he received in chats with other adults. So when they say making does that mean receiving via chat ie copying?
I feel like I'm back to how I was that first day of the knock right now, don't know how I can see out the day...
In court early January, so that's us hoping to try and make the best of Christmas this year now out of the window.
Don't know what to do now, have to admit to having been burying my head in the sand recently but now it's exploded again.
Charges are:-
Making Cat B x 2
Making Cat A x 3
Making Cat C x 50
Distribution 1 x Cat B, 4 x Cat C & 1 prohibited image of a child
Please please please if anyone can help me I don't know where to turn now. Is this looking at prison? He has not taken ANY pictures, all pictures are ones he received in chats with other adults. So when they say making does that mean receiving via chat ie copying?
I feel like I'm back to how I was that first day of the knock right now, don't know how I can see out the day...
Hi Worse,
I'm so sorry. We got our charges around this time too so know how you feel. Making is when the images are saved into the device, downloading for example, the terminology is very misleading. The evidence should be sent to your solicitor over the next few days - you are allowed a copy too if you ask the solicitor so you can go through it yourselves. There may be a chance to question the images or charges depending on what is there. It feels very scary right now but try not to dwell too much. The CPS always push for as many charges as possible. Is your partner planning to plead guilty? Xx
I'm so sorry. We got our charges around this time too so know how you feel. Making is when the images are saved into the device, downloading for example, the terminology is very misleading. The evidence should be sent to your solicitor over the next few days - you are allowed a copy too if you ask the solicitor so you can go through it yourselves. There may be a chance to question the images or charges depending on what is there. It feels very scary right now but try not to dwell too much. The CPS always push for as many charges as possible. Is your partner planning to plead guilty? Xx
Apologies, I've just seen the last part of your post. You can make it through the day, you will get through this! The initial shock of charges is perhaps worse than the knock if you weren't expecting them. I almost threw up when I got them and saw the information in there. Wait to see what evidence there is and if anything can be questioned and then you can get to work on mitigating - character statements, letter to the judge etc. Look after yourself and if you feel worried for your wellbeing please contact Samaritans or your doctor.
Sending you the biggest hug, I promise you will make it through this xxx
Sending you the biggest hug, I promise you will make it through this xxx
BaffledB - Thanks so much for the quick reply. He needs to speak to his Solicitor. He had been looking at indecent images and admits that, but to this day states that he was unaware some of the images were of minors (or children as they're classed for legal terms). What happens at Magistrates Court please, do you know? If he's already been charged which I think what's happened today means he has, if he pleads guilty will they then just arrange sentencing? I've read so many different things and I can't think straight again today. Some say you shouldn't plead guilty and make it go to Crown? But if you plead guilty then you get a lesser punishment? Partner and I are terrified he's going to go to prison as a result of this. Just wish we knew if that's likely from these charges. I've read Cat A is prison.... God I'm such a mess and don't know where to turn.
Hello!!
Although it's a sickening feeling, at least you know what you're dealing with now.
First and foremost, get a solicitor ASAP. If you can, try to make them talk to your husband instead of e-mailing and meetings down the line. I'm most probably will have to edit this later, but strongly recommend Olliers, these people know their stuff.
As for the procedures, it tends to go to Magisters first and, if they don't agree with a sentence, Crown Court. Or, depending on the severity, go straight to Crown Court.
Magisters Court are basically run by members of the public that have been given basic training, hence why many here are wary of them. Crown Court are proper barristers and judges wearing wigs and all, so they have way more experience on the law.
As for sentencing, although there are basics (they usually are stated in the solicitor's webpage pages) it will also depend on other factors, ie, what work has the person done to improve themselves like counselling, trainings etc. Pleading guilty will tend to take away 33% of the sentence and makes things go slightly quicker. If he pleads not guilty, there's the possibility that he'll go unscathed or apply a less lenient sentencing. It's very black and white, so you guys must determine what do you feel comfortable doing.
As for now, he needs to go full better man mode: get counselling, get a job or at least prove that he's trying to be a productive member of society, etc.
It's a horrible long road, but at least now is clear.
Big hugs x
Although it's a sickening feeling, at least you know what you're dealing with now.
First and foremost, get a solicitor ASAP. If you can, try to make them talk to your husband instead of e-mailing and meetings down the line. I'm most probably will have to edit this later, but strongly recommend Olliers, these people know their stuff.
As for the procedures, it tends to go to Magisters first and, if they don't agree with a sentence, Crown Court. Or, depending on the severity, go straight to Crown Court.
Magisters Court are basically run by members of the public that have been given basic training, hence why many here are wary of them. Crown Court are proper barristers and judges wearing wigs and all, so they have way more experience on the law.
As for sentencing, although there are basics (they usually are stated in the solicitor's webpage pages) it will also depend on other factors, ie, what work has the person done to improve themselves like counselling, trainings etc. Pleading guilty will tend to take away 33% of the sentence and makes things go slightly quicker. If he pleads not guilty, there's the possibility that he'll go unscathed or apply a less lenient sentencing. It's very black and white, so you guys must determine what do you feel comfortable doing.
As for now, he needs to go full better man mode: get counselling, get a job or at least prove that he's trying to be a productive member of society, etc.
It's a horrible long road, but at least now is clear.
Big hugs x
This is my go to website to understand the sentencing guidelines https://www.sentencingcouncil.org.uk/offences/crown-court/item/possession-of-indecent-photograph-of-child/
It shows the starting points and then the judge can decide whether to take into consideration mitigating factors e.g. remorse, offender engaged with rehabilitation, character references. A pre sentence report will also be written to recommend the sentence - but don't bank on this.
Yes Cat A starts at custodial, but it isn't always certain. If pleading guilty that will be taken into consideration. I would recommend prepare the worst, based on the website provided.
It can be hit and miss I'm afraid. I have seen people go to prison for less than what my partner did. It seems like a miracle he didn't get prison.
You may also want to look into what the SOR entails and a SHPO should be drafted prior to sentencing. Your partner might have to sign onto the SOR as soon as he pleads guilty
It shows the starting points and then the judge can decide whether to take into consideration mitigating factors e.g. remorse, offender engaged with rehabilitation, character references. A pre sentence report will also be written to recommend the sentence - but don't bank on this.
Yes Cat A starts at custodial, but it isn't always certain. If pleading guilty that will be taken into consideration. I would recommend prepare the worst, based on the website provided.
It can be hit and miss I'm afraid. I have seen people go to prison for less than what my partner did. It seems like a miracle he didn't get prison.
You may also want to look into what the SOR entails and a SHPO should be drafted prior to sentencing. Your partner might have to sign onto the SOR as soon as he pleads guilty
In regards to what to plea... I think you should plead the truth, if you've done it then plead guilty but if you haven't then plead not guilty and not guilty is not believing the images were of minors, there are a couple of cases on here at the moment where age is being disputed as the person believed them to be over 18 but of course this decision can only be made when looking through the evidence and should be advised by a solicitor. Pleading guilty can help give a reduction in sentencing and will speed up this process but I strongly believe it should only happen when there is guilt, regardless of the stigma etc. attached to these crimes.
As you haven't got a solicitor yet I would advise to speak to a few and see who you like the "feel" of before you decide who to go with.
He will enter a plea at Magistrates and it will then go to Crown for sentencing if he pleads guilty, if he pleads not guilty at Magistrates then he will go to Crown to enter another plea - not guilty will mean waiting for a trial. It's not as scary as you think in the court so don't worry too much, you don't have to go either if you don't want. Get your solicitor sorted, look through the evidence and see whether anything can be challenged xx
As you haven't got a solicitor yet I would advise to speak to a few and see who you like the "feel" of before you decide who to go with.
He will enter a plea at Magistrates and it will then go to Crown for sentencing if he pleads guilty, if he pleads not guilty at Magistrates then he will go to Crown to enter another plea - not guilty will mean waiting for a trial. It's not as scary as you think in the court so don't worry too much, you don't have to go either if you don't want. Get your solicitor sorted, look through the evidence and see whether anything can be challenged xx
Hello,
We faced similar charges and levels of images. Although no cat A.
Distribution is the charge that'll lead this outcome. However, it totally and utterly depends on the judge. There is no consistency or fairness! 2 identical charges will have different outcomes depending on the judge.
Sentencing for us was a short custodial sentence. He's out now. Released early November.
My motto was to prepare for the worst and hope for the best.
X
We faced similar charges and levels of images. Although no cat A.
Distribution is the charge that'll lead this outcome. However, it totally and utterly depends on the judge. There is no consistency or fairness! 2 identical charges will have different outcomes depending on the judge.
Sentencing for us was a short custodial sentence. He's out now. Released early November.
My motto was to prepare for the worst and hope for the best.
X
It's like the knock all over again with emotions but they will calm down again.
Definitely get a solicitor and get them to look at all the evidence, we got distribution dropped as they couldn't prove it had actually been sent and then received (they were just in a sent folder, which you can move items too manually, no idea why you would but it got the charges dropped)
The term making is horrible, like anyway said its literally viewing as this "makes" a copy on the device it is viewed on in the cache.
Hugs x
Definitely get a solicitor and get them to look at all the evidence, we got distribution dropped as they couldn't prove it had actually been sent and then received (they were just in a sent folder, which you can move items too manually, no idea why you would but it got the charges dropped)
The term making is horrible, like anyway said its literally viewing as this "makes" a copy on the device it is viewed on in the cache.
Hugs x
Thanks everyone for the advice the other day. Partner has now decided on a Solicitor and had a video call with them. He is going into see them next and by then the Solicitor will have the evidence pack supposedly. He's told him that the amount of images is tiny compared to most cases, so that will hopefully work in his favour.
So now we're just trying to get through each day the best we can, back like we were just after the knock. We are just hoping that we can continue to keep this from anymore people than we've already told until we absolutely have to if it comes to it.
So now we're just trying to get through each day the best we can, back like we were just after the knock. We are just hoping that we can continue to keep this from anymore people than we've already told until we absolutely have to if it comes to it.