Classification of different offences
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Hi all
I know we dont generally talk about potential for sentencing on this forum as it varies so much for each case. However I am struggling to get my head around the differing offences there are and the relative 'seriousness' of each, and i wondered if anyone can advise on this? Or maybe there is a resource somewhere that describes these?
My person (brother in law) has not yet been charged, and is 18 months down the line having devices investigated. I'm not at all sure we yet know the full extent of what he did. But from what he has told me he had 'a few' images (he says from some years ago), and then communication with children (multiple, possibly 30 or more) who were decoys, but 'one or two' were probably real children. He had arranged to meet one of the decoys 'so they could give him a birthday card' which is when the vigilantes turned up.He says there was no sexual plan behind meeting, but there was sexual communication with this one and probably others too. This was done on Facebook. He doesnt deny doing it though says he did it becasue he felt lonely and craved company rather than because of a sexual interest in children. He has recently been diagnosed with autistic spectrum condition.
I think its pretty likely he will be charged with something, and i know we will jut have to wait and see. But in the meantime I am trying to understand the law in relation to these types of offences. I have looked at the different classes of offences and I cant really work how they differ, and which are considered more serious, or more likely to result in custodial sentences and so on.
Can anyone advise?
I know we dont generally talk about potential for sentencing on this forum as it varies so much for each case. However I am struggling to get my head around the differing offences there are and the relative 'seriousness' of each, and i wondered if anyone can advise on this? Or maybe there is a resource somewhere that describes these?
My person (brother in law) has not yet been charged, and is 18 months down the line having devices investigated. I'm not at all sure we yet know the full extent of what he did. But from what he has told me he had 'a few' images (he says from some years ago), and then communication with children (multiple, possibly 30 or more) who were decoys, but 'one or two' were probably real children. He had arranged to meet one of the decoys 'so they could give him a birthday card' which is when the vigilantes turned up.He says there was no sexual plan behind meeting, but there was sexual communication with this one and probably others too. This was done on Facebook. He doesnt deny doing it though says he did it becasue he felt lonely and craved company rather than because of a sexual interest in children. He has recently been diagnosed with autistic spectrum condition.
I think its pretty likely he will be charged with something, and i know we will jut have to wait and see. But in the meantime I am trying to understand the law in relation to these types of offences. I have looked at the different classes of offences and I cant really work how they differ, and which are considered more serious, or more likely to result in custodial sentences and so on.
Can anyone advise?
There is absolutely no logic behind sentencing and whether this results in a custodial sentence. Currently prisons are overwhelmed in number so recommendation is to avoid custodial sentencing if possible. The rules are manipulated and the sentence doesn't always befit the crime.
There's also an earlier post by @isabella that may be beneficial relating to neurodiversity & offending. LFF posted some useful information on the thread x
Thanks.
I get the randomness. It doesn't seem fair I guess what I'm trying to understand though is for example how is possession of an image or images viewed vs sexual communication, sexual articles and so on. Real kids vs decoys? I assume contact offences are different.
I can't get my head round it at all
I get the randomness. It doesn't seem fair I guess what I'm trying to understand though is for example how is possession of an image or images viewed vs sexual communication, sexual articles and so on. Real kids vs decoys? I assume contact offences are different.
I can't get my head round it at all
There are sentencing guidelines available online for both possession of images and communication offences. Under both offences there can be further offences for example within the communication charge there may be inciting and under the IIOC charge there could be making and distributing. I don't think it makes any difference whether it is a real child or a decoy but the age of the child will make a big difference.
There is a complicated system for working out these sentences. But generally speaking, arranging to meet in person is considered worse than talking online and communication is worse than just having images.
All the sentences have a maximum term, which very few people actually receive, and a starting point, but the judge can do anything they want really, because these are just guidelines. Mitigation makes a big difference, which is why the person should start to get help right away, by going to therapy, completing the LFF courses and in the case of neurodiversity, maybe contact some of the autism charities for help and advice too.
All the sentences have a maximum term, which very few people actually receive, and a starting point, but the judge can do anything they want really, because these are just guidelines. Mitigation makes a big difference, which is why the person should start to get help right away, by going to therapy, completing the LFF courses and in the case of neurodiversity, maybe contact some of the autism charities for help and advice too.