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Magistrates to crown

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Inturmoil1974

Member since
November 2022

395 posts

Does it always go from magistrates too Crown can it be dealt with at magistrates

Posted Fri October 6, 2023 10:29pmReport post

Daffodil

Member since
March 2022

965 posts

Post deleted


Posted Sat October 7, 2023 3:52am
Edited Tue October 24, 2023 9:12amReport post

Inturmoil1974

Member since
November 2022

395 posts

Our expert has been cited for magistrates is he likely to be cited for Crown also, its 5 images literally clicked on link deleted immediately

Posted Sat October 7, 2023 8:48amReport post

Newlady

Member since
April 2021

644 posts

As Lee said depends on sentencing guide lines but looking back if we had a choice I'd definitely say crown is the better way to go as it's a judge who making a decision and has a fast amount of experience to give a fair sentence. Or maybe that's just our experience? Although we were always going to crown.

Posted Sat October 7, 2023 9:09amReport post

Inturmoil1974

Member since
November 2022

395 posts

Solicitor has said she doesn't think it will go to crown I am just thinking on a financial point of view for paying the expert for attending, what will be will be

Posted Sat October 7, 2023 9:15amReport post

Inturmoil1974

Member since
November 2022

395 posts

As you can tell mu mind is on overdrive at the moment, so he could be found guilty at magiatratws but sent to Crown for sentencing and if its only sentencing the expert won't have to appear at crown, he is pleading not guilty aa he never searched it was an accidental click the expert report couldn't have been any better so here's hoping, we are £600 approx for him to be a witness at magistrates

Posted Sat October 7, 2023 9:30amReport post

Clarkestaff

Member since
September 2022

125 posts

Hi,

As Lee says, it will definitely go to Crown if pleading not guilty.

Hopefully with the expert report cps might drop the case, but in our case my OH is pleading not guilty, we paid for the images to be viewed by an independent consultant (ex police inspector) who agreed with my OH that the images are crude humour. But CPS said he wasn't an expert and that his report was inadmissible!! 2 separate judges have asked cps to consider the public interests and questioned how the images had been classified as IIOC. But still cps are proceeding.

He is due to go to trial on 16th of this month, he's got 12 excellent character references, should they be required and now has 11 witness statements of the lads who sent and received the same images within watsapp groups.

The witnesses have been incredible, by giving statements they also run the risk of prosecution, but they all feel so angry at the police that they have taken the risk. Hopefully this is enough to put pressure on the cps to finally use some common sense. But who knows.

It's literally cost us over £11,000 so far and if it goes to trial, there will be further costs.

I wish you all the luck in the world xx

Posted Sat October 7, 2023 12:38pmReport post

Babyblue22

Member since
September 2023

16 posts

Clarke staff,

Thank you for telling your story. It just goes to show that the police will do anything within their power to get a conviction no matter the circumstances.

Your situation is appalling and shouldn't have come as far as it has. Innocent people are being thrown through the ringer for crimes they didn't commit and I'm so angry that the police just see us all like a reward they can get their hands on

Posted Sat October 7, 2023 1:10pmReport post

Inturmoil1974

Member since
November 2022

395 posts

Lee we have another appt with solicitor next week she is saying with the evidence they show from the independant expert witness that cps will drop the case

Posted Sat October 7, 2023 2:18pmReport post

Webb89

Member since
July 2022

527 posts

My OH just went to magistrates. Though his sentence was 10 months it was suspended for 2 years. The magistrate can suspend upto 2 years.

Posted Sat October 7, 2023 5:59pmReport post

Webb89

Member since
July 2022

527 posts

Sorry Lee i think i mis read your previous post. I thought you were saying magistrates can only give 1 year suspended when my OH got 2. I just got confused. Thanks for clarifying.

Posted Sat October 7, 2023 10:23pmReport post

Summer

Member since
July 2019

394 posts

I really hope they do drop it but.. like clarkstaffe the independent expert and the report was deamed inadmissible in court. What they presented in court was different than what they showed to the independent witness and it nearly ended up with the barrister becoming a witness for defence/him becase of this but then at last min they took that info out.

unfortunately my view is they would rather be getting these low handing fruit easy wins sitting behind a desk rather than getting to the root of the problem, it looks good they have convicted x amount of 'Dangerous' sex offenders.

Posted Sun October 8, 2023 8:57amReport post

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