Decision not to charge / No Further Action
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Hi. Does anyone have any experience with the police not taking things any further and the CPS choosing not to charge when all they have is a very small number of Category C (lowest level) images?
If my partner is telling truth, and he has never saved anything, but has seen things he has reported, it seems so harsh that they will charge him for finding fragments of photos from webpages he has seen in the past.
Will they always charge??
If my partner is telling truth, and he has never saved anything, but has seen things he has reported, it seems so harsh that they will charge him for finding fragments of photos from webpages he has seen in the past.
Will they always charge??
Hi. I haven’t heard of anyone on this forum where that has happened. One person (Jaded) has shared her experience of her husband being offered a caution. He turned it down and then they charged and he went to court but then it didn’t process. Perhaps she can tell you more. I have been told by someone in this field that 5 cat c images usually offered a caution -tho that still means 2 years on SOR. Anything over then CPS charge. You have to remember that the police will have spent a lot of resources raising the home so they have to justify their decision. They are frowned upon for getting search warrant, committing all that manpower and then leaving “empty handed”. A charge is seen as a “success” in their field. They have targets to meet like all other public services. They will do all they can to secure a charge. However if there is insufficient evidence then CPS won’t charge.
There are cases where the case is charged but on day of court they don’t proceed. There is a website called evidence matters who give case studies where their independent forensic study of device has meant CPS don’t proceed.
There are cases where the case is charged but on day of court they don’t proceed. There is a website called evidence matters who give case studies where their independent forensic study of device has meant CPS don’t proceed.
What if they're not even nude? What if never saved, only seen online and then reported to the Internet Watch Foundation?? What if he never went looking for them? He says all this is true.
Why do they encourage people to report things without telling people that even if they've come across things without intending too, you need to destroy your laptop? If just seems so unfair, if what he is telling me is true. I think I believe him - he's been so open and consistent in what he says since the day of the search.
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Why do they encourage people to report things without telling people that even if they've come across things without intending too, you need to destroy your laptop? If just seems so unfair, if what he is telling me is true. I think I believe him - he's been so open and consistent in what he says since the day of the search.
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I've been told that if they are found in temporary internet files then they usually get automatically deleted after so long therefore if police have found something then it will be more recent I should imagine. Unfortunately viewing is still illegal and this is what the cps usually charge with. Would be best to speak to a solicitor. It all depends on how many etc. I wouldn't expect police to do a warrant if it's for images where they are fully clothed. Hopefully you get some answers soon. The wait is so hard x
Hi Christina,
Big Sigh has given you the right story about my husbands case. They tried to persuade him to accept a caution. He wouldn’t do it and preferred to have his day in court. After much to-ing and fro-ing the CPS offered the court no evidence and he was acquitted.
The comment about resources and a certain amount of grandstanding before the court case meant the police were absolutely desperate for a conviction, especially by one officer. It didn’t matter really, it ruined our lives and still dominates us every day due to a very persistent on line troll who plagues is.
I’ll be honest, I think your partner may be offered a caution. I do hope he’s well represented by a good solicitor.
I heard of a case where one cat c image was found and went to court, the case did collapse but no two cases are the same.
The police did not have a warrant in our case. They used the ‘can we come in for a chat’ routine.
Big Sigh has given you the right story about my husbands case. They tried to persuade him to accept a caution. He wouldn’t do it and preferred to have his day in court. After much to-ing and fro-ing the CPS offered the court no evidence and he was acquitted.
The comment about resources and a certain amount of grandstanding before the court case meant the police were absolutely desperate for a conviction, especially by one officer. It didn’t matter really, it ruined our lives and still dominates us every day due to a very persistent on line troll who plagues is.
I’ll be honest, I think your partner may be offered a caution. I do hope he’s well represented by a good solicitor.
I heard of a case where one cat c image was found and went to court, the case did collapse but no two cases are the same.
The police did not have a warrant in our case. They used the ‘can we come in for a chat’ routine.
Hi,
From what your husband is saying I think a caution could be likely. I think it's highly unlikely in this situation that they will want no charge, as its a very emotional topic for 'public interest'. My own husband was found to have 11 images of all categories, his own solicitor was pressing the police hard for a caution however they said that as there is category a images it couldn't be cautioned.
In my opinion though, be prepared for a charge and anything better is wonderful!!
From what your husband is saying I think a caution could be likely. I think it's highly unlikely in this situation that they will want no charge, as its a very emotional topic for 'public interest'. My own husband was found to have 11 images of all categories, his own solicitor was pressing the police hard for a caution however they said that as there is category a images it couldn't be cautioned.
In my opinion though, be prepared for a charge and anything better is wonderful!!
Thank you so much for your replies.
Jaded - what was it they found in your husband's case? Trying to figure out how similar it is. Had he done it intentionally? What were the circumstances?
Jaded - what was it they found in your husband's case? Trying to figure out how similar it is. Had he done it intentionally? What were the circumstances?
Christina, when your husband reported about the images did he keep the correspondence as that will help x
Christina,
they claimed to have found less than a handful of images. Even they couldn’t agree how many in the end, that’s how subjective these images are. All cat c allegedly but these were never agreed at court because the case was dropped. We had a hard working, clear thinking Barrister who challenged them every step of the way, they were made to look fools in court.
My husband denied looking for or at any images, he said they would find nothing and in effect they didn’t. What he described to me were innocuous images of children, deep in the background of the computer, no evidence they’d been seen or downloaded or saved or anything. You’d be amazed at the crap on computers, stuff people aren’t aware of even being there.
i don’t know your husbands case so I don’t know (sadly I doubt very much) that they’d accept the explanation of reporting the images.
Please say you have a solicitor?
they claimed to have found less than a handful of images. Even they couldn’t agree how many in the end, that’s how subjective these images are. All cat c allegedly but these were never agreed at court because the case was dropped. We had a hard working, clear thinking Barrister who challenged them every step of the way, they were made to look fools in court.
My husband denied looking for or at any images, he said they would find nothing and in effect they didn’t. What he described to me were innocuous images of children, deep in the background of the computer, no evidence they’d been seen or downloaded or saved or anything. You’d be amazed at the crap on computers, stuff people aren’t aware of even being there.
i don’t know your husbands case so I don’t know (sadly I doubt very much) that they’d accept the explanation of reporting the images.
Please say you have a solicitor?
Hi Jaded. Yes we have a solicitor. Looked around and went with one who seemed to know his stuff. Also been in touch with evidence matters.
Thank you for the reply!
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Thank you for the reply!
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No problem Christina,
i just want to say that the police really, really wanted my husband to take the caution, even agreeing an extension to his ‘thinking time’ . It was my husband who was adamant as to his innocence who actually wanted it to go to court. He would never admit to something he hadn’t done. He then insisted on Crown Court, thinking he’d get a better chance in front of a judge and jury, he was right.
Only your husband can decide if accepting a caution is the right decision for him and largely depends on what he’s said in interview. But the computer cannot be independently examined if he accepts a caution, it will be accepting, in totality the police version of events. Only he knows what he has actually done and his reasons for doing so.
Good luck whatever the path taken, everyone here supports you no matter what the outcome.
i just want to say that the police really, really wanted my husband to take the caution, even agreeing an extension to his ‘thinking time’ . It was my husband who was adamant as to his innocence who actually wanted it to go to court. He would never admit to something he hadn’t done. He then insisted on Crown Court, thinking he’d get a better chance in front of a judge and jury, he was right.
Only your husband can decide if accepting a caution is the right decision for him and largely depends on what he’s said in interview. But the computer cannot be independently examined if he accepts a caution, it will be accepting, in totality the police version of events. Only he knows what he has actually done and his reasons for doing so.
Good luck whatever the path taken, everyone here supports you no matter what the outcome.
Thank you so much. As its such a small amount and he cannot think what they are, I don't think he'd ever accept a caution. Will just have to see what happens this week. Again, thank you!!!
Christina have they called your husband back for further questioning?