Accidental distribution
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I don't really know how to start this but I got a call back in July from my mum telling me that my dad had been arrested for possession and distribution of indecent images. my parents aren't together and I never had a great relationship with my dad. The reason the police called my mum was to tell her his bail conditions mean he can't contact my younger sister who is 14. Mum had the option of a social worker to help out but she declined and the social worker advised if he was even found not guilty then there would be an assessment before she could have contact with my dad again.
I have tried to contact my dad but have heard nothing all I have had is a couple of chats with his new gf. She has said that my dad was downloading a film and the file must have been on there by accident. The films distribute as you downloaded it hence the distribution as well. She said it happened a year ago and that he was out on bail and they had not charged him with anything.
I know he did download films so this isn't hard to believe I think?
skip to now and they have extended his bail another 3 months (to the start of Jan) which really messed with my head because I just want to know what will happen.
Mum was informed of the bail being extended and she asked the officer if it would go to court in which he said that they wouldn't have arrested him without any digital evidence.
I don't know how it works with the law if he never actually opened it and didn't mean to do it. He's saying he didn't know it was there.
If he's telling the truth and all they have is that one time will they still charge him?
Will they extend bail again?
I just want answers because I just about mentally got through the first few months but to extend it really hit me hard.
I don't know what happens next if they do charge him.
Will the court information be public? Can I go?
Any advice or information would be appreciated.
I have tried to contact my dad but have heard nothing all I have had is a couple of chats with his new gf. She has said that my dad was downloading a film and the file must have been on there by accident. The films distribute as you downloaded it hence the distribution as well. She said it happened a year ago and that he was out on bail and they had not charged him with anything.
I know he did download films so this isn't hard to believe I think?
skip to now and they have extended his bail another 3 months (to the start of Jan) which really messed with my head because I just want to know what will happen.
Mum was informed of the bail being extended and she asked the officer if it would go to court in which he said that they wouldn't have arrested him without any digital evidence.
I don't know how it works with the law if he never actually opened it and didn't mean to do it. He's saying he didn't know it was there.
If he's telling the truth and all they have is that one time will they still charge him?
Will they extend bail again?
I just want answers because I just about mentally got through the first few months but to extend it really hit me hard.
I don't know what happens next if they do charge him.
Will the court information be public? Can I go?
Any advice or information would be appreciated.
As an update... My mum was told my the social worker that they wouldn't have arrested him without evidence and it will likely go to court.
but don't they have to show intent?
but don't they have to show intent?
They will have some evidence to have arrest him in the first place but they will need this and further evidence from searching his device to prove to the CPS that they have enough evidence to charge him and take him to court.
My OH has been charged with making and distribution as his laptop synced with drop box so the distribution is because it moved from his computer to his cloud storage on drop box but he said it never went outside of this. Dropbox then banned him and reported him to the police and that was enough for the arrest.
He has been advised by the lawyers that the distribution may get dropped because they are happy enough to get the conviction for making and it's harder to get all the evidence for distribution but I am yet to see if this is true or now.
Sorry I can not help about the accidental nature of downloading but presume if they find nothing else on his devices then it will look better for him.
I believe also it is quite easy for them to extend bail up to 9 months while they are investigating.
Suggest you also call LFF helpline as they will be able to go through all your questions too.
My OH has been charged with making and distribution as his laptop synced with drop box so the distribution is because it moved from his computer to his cloud storage on drop box but he said it never went outside of this. Dropbox then banned him and reported him to the police and that was enough for the arrest.
He has been advised by the lawyers that the distribution may get dropped because they are happy enough to get the conviction for making and it's harder to get all the evidence for distribution but I am yet to see if this is true or now.
Sorry I can not help about the accidental nature of downloading but presume if they find nothing else on his devices then it will look better for him.
I believe also it is quite easy for them to extend bail up to 9 months while they are investigating.
Suggest you also call LFF helpline as they will be able to go through all your questions too.
The police receive information/intelligence by Dropbox or another company like KIK that indecent images were shared/uploaded from a certain IP address.
In order for charges to be made and for prosecution to take place, the police must find physical copies of the indecent images on the seized devices.
In order for charges to be made and for prosecution to take place, the police must find physical copies of the indecent images on the seized devices.