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Received charges !

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Clarkestaff

Member since
September 2022

119 posts

Posted Sat March 18, 2023 6:58pmReport post

So as I mentioned my OH attend bail on Friday. He received 8 charges for 5 items on watsapp. 1 cat, 5 cat B 2 Cat C.

He is up at Magistrates on 4th April. The OIC didn't even send the videos to CPS He just wrote his own totally biased version of how he inturpretated them, basically anything he could find on his phone he managed to turn into an IIOC.

The police liason officers who were there told him they couldn't believe what he was being accused of, as they agreed they were just viral videos sent in jest without any requests. No searches for anything illegal, no previous. It just seems like an over zealous OiC who is absolutely desperate to get his conviction rate up.

He has an appointment with his solicitor on Tuesday where he will be insisting the solicitor contests it all .

Bail conditions have been extended once again until court appearance. The custody sergeant said this type of 'crime' is happening all the time now

Distressed and pregnant

Member since
November 2020

994 posts

Posted Sat March 18, 2023 8:34pmReport post

Hi,

I hope that his solicitor fights to get all charges dropped. It seems so unfair that the OIC is pushing this. Sending love and strength xxx

Daffodil

Member since
March 2022

965 posts

Posted Sat March 18, 2023 10:02pmReport post

Post deleted


Edited Tue October 24, 2023 9:12am

Clarkestaff

Member since
September 2022

119 posts

Posted Sat March 18, 2023 10:40pmReport post

Hi Daffodil

We will be going through it all, but can I ask the significance of the dates? I also can't believe the cps go with a description rather than viewing the actual thing, everybody can have a different perspective of something and surely only a true decision can be made from actually viewing it for themselves.

It's like the police hold all the aces, they can virtually say anything to fit their agenda

Daffodil

Member since
March 2022

965 posts

Posted Sun March 19, 2023 6:53amReport post

Post deleted


Edited Tue October 24, 2023 9:12am

GZ

Member since
December 2021

164 posts

Posted Sun March 19, 2023 7:23pmReport post

If he's has been charged with extreme pornographic, it is under a different section of the law-often publish an obscene article. There is a statute of limitations on this (I think 2 years, but could be wrong) my oh was 2 months before this, on the data request we saw the OIC asked the CPS to process it quickly so he could be charged for it.



IIOC doesn't have a statute of limitations, however my oh was charged for a memory card which was registered in someone's else's name and was viewed 9 years before. His soilictered contested it and those charges were dropped-the judge also slammed the CPS for this and said they should've found the registered owner if they were going to charge for it.

Clarkestaff

Member since
September 2022

119 posts

Posted Sun March 19, 2023 7:50pmReport post

Wow GZ, that just about sums the police up !! What did your partner end up being charged with ?

My OH has been quite open in his investigation and has told lots of people, he's had 100% support so far even from his employer, although he's been suspended since arrest, nobody can believe what he's being accused of and they all expect it to be dropped at Magistrates. But I think we all know its not that simple, the police will go to any lengths to try for conviction even if that means bending the law in their favour.

Thanks everyone for taking the time to respond and offer advice is greatly appreciated xx

GZ

Member since
December 2021

164 posts

Posted Sun March 19, 2023 8:12pmReport post

He got 3 charges, possession of extreme porn, publish an obscene article-because he sent extreme porn on WhatsApp (these were all the videos that do the rounds), and 'making' extreme porn.



The judge was very damming about the 2 extreme porn charges and made a point of mentioning it to the CpS. But they charged him, he had it so couldn't plead not guilty, and had to be sentenced for it.



you can try and argue that it isn't in the publics interest to charge, scour the evidence to check it.

but unfortunately, if the CPS have made charges, they believe they have enough for a conviction.

GZ

Member since
December 2021

164 posts

Posted Sun March 19, 2023 8:18pmReport post

Also check the law the charges states.



extreme pornographic possession can fall into the Criminal Justice and Immigration Act 2008. This means you shouldn't sign the SOR or should be subject to a SHPO.



My OH 2 extreme porn charges fell under this act

Clarkestaff

Member since
September 2022

119 posts

Posted Sun March 19, 2023 10:52pmReport post

Thanks GZ

The OIC has just sent his own description of the videos to cps not the actual videos themselves. So no wonder cps have issued chargeds, he has gone with describing them as iioc which makes it sound so much worse. But I've actually seen all thrse videos, it was our brother in law who sent them. Its quite obvious they were sent as daft videos 'doing the rounds" my OH responds with a laughing face emogie

Dragonmama

Member since
November 2022

251 posts

Posted Sun March 19, 2023 11:30pmReport post

What's disturbing is what constitutes as extreme porn that you can be charged for. Most of which can be viewed openly via porn sites, I'm sorry to say that we have all seen porn and probably done some of the things that constitute as extreme porn (just not filmed and sent it) things like choking, female ejection, bondage (lol fifty shades of grey was borderline "extreme" in the eyes of the law).

it does seem a little ridiculous if I'm honest that there has to be a discription of Thea images or videos.



I looked into it all (not viewed) just wanted to know what on earth was meant by extreme porn. As that term doesn't really tell you much.

if I'm honest I always knew beastality was illegal to do but didn't know it was illegal to view (no I haven't viewed) didn't know that until LFF said it's one of the things police look for. Colour be stupid.

HelpMe

Member since
June 2022

140 posts

Posted Mon March 20, 2023 7:23amReport post

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Edited Thu August 10, 2023 1:45pm

Clarkestaff

Member since
September 2022

119 posts

Posted Mon March 20, 2023 8:12amReport post

Hi,

No ! That's the bizarre thing, our brother in law sent it but he's never been questioned over it. Which just about sums this witch hunt up!!

OIC has his sights firmly focused on my OH and doesn't seem to care about anything else.

As someone said over the weekend, they've seen worse things on American Pie movie,

One of the things he has been charged with is a (pseudo picture) of a child, its basically Big Baz who was an American porn star, you can even buy mugs on amazon with him on! He had been minimised and superimposed on to a picture of Megan Mercle an Prince Harry to look like they were holding him.

Hopeforthefuture

Member since
September 2021

97 posts

Posted Tue March 21, 2023 5:42pmReport post

Post deleted by user


Edited Sun April 30, 2023 3:24pm

Clarkestaff

Member since
September 2022

119 posts

Posted Tue March 21, 2023 6:42pmReport post

Hi hope for the future,

It really makes no sense does it, why only charge 1 member of the group!

If you don't mind what did he end up charged with an what sentence?

We met the solicitor today, he said it was absolutely ridiculous, but couldn't make any guarantees that he wouldn't get charged and said he thought we would be better going to Crown Court

Daffodil

Member since
March 2022

965 posts

Posted Tue March 21, 2023 8:26pmReport post

Post deleted


Edited Tue October 24, 2023 9:12am

Clarkestaff

Member since
September 2022

119 posts

Posted Tue March 21, 2023 8:57pmReport post

Hi Daffodil

The solicitor wasn't saying he'd get him off, he was just saying he agreed that it was pathetic and that he's seeing these type of charges more and more as he said, it's Easy work for the police. With a high conviction rate, especially as so many men share daft content without even thinking for 1 minute that's it's illegal. It's 4 images, 3 videos 1 pseudo image, 2 of the videos don't even show anything really, but when the OIC described them, they did sound bad. Hopefully the solicitor can get some removed or downgraded. He said it was low enough threshold for Magistrates, but recommended Crown Court as said they should be better equipped to deal with it. He also said he's dealing with this sort of 'crime' all the time

AlwaysHopeful

Member since
March 2023

131 posts

Posted Wed March 22, 2023 11:42amReport post

I felt from the beginning that this all seemed like a huge mistake, my person had never searched anything and recieved a small amount of images through a snapchat group. But... they were cat A. What you are describing seems crazy and to be honest, it terrifies me for the future, why aren't they charging every single person in these groups? I'm so sorry that you are going through this <3

Hopeforthefuture

Member since
September 2021

97 posts

Posted Wed March 22, 2023 5:10pmReport post

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Edited Sun April 30, 2023 3:23pm

BaffledB

Member since
July 2021

876 posts

Posted Wed March 22, 2023 6:52pmReport post

The person who sent extreme images to my partner was never questioned either, granted my partner wasn't charged for them but they were classified as such and it is down to an individual prosecutor to make the decision so what some will charge for, others won't. I spoke with a senior prosecutor not too long ago, I didn't mention anything about my situation but it was interesting to hear their perspective, how they work and come to their decision. Basically it's the same as judges with sentencing, pot luck in some cases where it's iffy and the evidence is questionable.

Edited Wed March 22, 2023 6:54pm