Family and Friends Forum

Hope you are ok. It's absolutely heartbreaking and not justice at all. We are in the same position. They found no indecent images on my husband's devices but we are now facing a further court appearance as they have now decided that 1 image is extreme porn. The solicitor is Shocked they haven't dropped it. Sorry I couldn't order anything better than this. I hope that your husbands case will be dropped.

So sorry to hear they are continuing to drag this out for you! I'm shocked that duty solicitor would give that advice as standard is to say no comment no point doing the police's job for them they will only use it against you which I'm guessing you are now finding out! Now before this you prob had a different view of the police? Fighting crime, locking up real criminals? However throughout what I have seen on this forum they are looking for low hanging fruit and easy wins.

I really really hope the CPS throw this out! Remember to look after yourself on this awful journey and we are all here for you!

Can they still send someone to court even if no indecent images were found? Just solely on what they said in the interview?

My husband had a bad duty solicitor who told him to just admit to everything in the interview.

I'm surprised the solicitor advised that, they should've suggested no comment considering there was no evidence in the first place! I guess they all work differently and sometimes duty solicitors aren't really bothered.

I'm assuming that the OIC has sent it anyway as whatever "intelligence" they have, coupled with the interview could potentially be enough to build a case. I very much doubt the CPS would go ahead though, there's no evidence so how could a jury convict beyond reasonable doubt when there's no evidence of wrongdoing. Try not to worry, I'm sure the CPS won't charge xx

Hi Rachel

Have they only found one image of extreme pornography? If this is the case I would agree with the solicitor that it is strange they are pursuing it.

I only say this as I have recently come across a news article where a Police Sergeant has recently received a two year final written warning (so has kept his job) for having one image of extreme porn on his phone. He could not be prosecuted as this happened four years ago and he no longer had this on his phone and had no illegal material found on his phone when checked. It was treated as a 'one off' incident, a very bad judgement call and the Chief Constable of the force said that such a one off incident by a member of the general public having one image of extreme porn would be treated in the same one, as it would not be in the public's interest - they would have been given words of advice about this being illegal.

It's good to know we are not alone in this. We don't live in England so it's a slightly different process I think. The police have been so slow at sending things to the solicitor however, the solicitor has been told that the image is borderline however, apparently it can't be that it has to be either illegal or not. My husband was told to say no comment to questions which he did. The solicitor is still hopeful they will

drop the case.

Hi Alison20,



Thank you. That has given me hope. I'm actually going to send this to the solicitor. I have been in all the meetings with my husband. The solicitor is not happy at all with how the police have handled things. They are waiting on some things coming from the police and then the solicitor can get to work hopefully.

Hi Jd2021,

I just wanted to let you know I was in the same position as you and just last week we received our NFA from the police and collected our devices. Like you, my partner had been honest in the initial interview and after 18 months, no IIOC were found on any devices. There was one imagine of extreme porn though, that was sent to my partner in a group chat many years ago. I think given that it was considerably old and the restorative work he's done (counselling, LFF) the police issued NFA.

I do not want to give you false hope but they would really be clutching at straws if they continued to prosecute. Sending you a big hug! X

My husband also had a duty solicitor who advised him to talk so my husband did, we now have a prober solicitor who told him he should of went no comment. Were almost 8 months in and he is currently Rui, still nothing checked. My husband is being investigated for iioc using the app kik, he's told me he deleted his account and the app Iv been hoping that nothing will be found and no further action. I just want this ordeal all over so I can get on with our life's.

Definitely. It came as such a shock to be honest as I'd been preparing for the worst.

Our knock came in July 2021 and I believe evidence was sent to CPS around November 2022 (although we didn't know what the evidence was at the time) so it must have been about 10 weeks until we heard back. I hope you're not waiting much longer and I'll keep my fingers crossed it's good news for you! X

I feel like the hardest part is waiting to find out what happens next, we've also 2 children had ss come which they closed the case and reffered us to early help and we have meetings every 6 weeks with the school. Although he's no restrictions anymore I agreed with ss that I wouldn't let him move back home yet. He comes over every day after work to see us and we've got use to it but I know any day it could all Change again.

I would be the same prior to our encounter, I assumed the police work to punish those who deserve it, not just try to get a conviction for everything they come across! I do think that it must be a mixture of an unfair officer and the stigma of the alleged crime that makes it the way it is. I don't think they ever actually disclose the ins and outs of their so-called intelligence, I think it can be something triggered by the internet provider but you would think they would disclose more. They say they don't make mistakes but nothing is ever perfect in this world!

I honestly don't think the CPS would charge if there is no evidence on the device itself, there's no crime but if they did, again, don't panic as there will be ample opportunity for it to be thrown out and fight it but I seriously doubt it. Fingers crossed for you, keep us updated xx

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Hi

Similar situation to us, received knock back in June 22, accused Iioc via Kik, full Forensic report found no evidence no search history so we were optimistic it would be soon over, oh no! Oic has found a few watsapp 'jokes' some sent from other family members and sent them to CPS back in October, stil insisting on conditional bail, can't live here or be with our kids unaccompanied. Next bail date is 15th March.

It's a complete nightmare

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