Family and Friends Forum

Charges vs sentencing

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JellyBean96

Member since
February 2024

27 posts

Posted Sun June 2, 2024 5:28pmReport post

Hope it's OK to ask this. I've kind of gathered that everything in regards to timelines and outcomes it all seems to be a bit of a post code lottery.. But I'm just curious now that I'm waiting to hear the charges for my person.

What were your persons charges and what sentence did they recieve? Has anybody actually received a caution as on here I've only read of Nfa or a sentence of some sort.

Thanks so much x

Needhelp

Member since
July 2023

47 posts

Posted Sun June 2, 2024 6:41pmReport post

My person has been emailed his charges but has to go the station to be officially charged in a few weeks.

The charges are making images (all cats and about 600 in total) plus 1 charge of possession (about 10 cat c images) and 1 charge of sexual communication.

I wish I had some idea of what the sentence is likely to be.

All of the images from the making charge were deleted and inaccessible but I don't see why they added the possession charge when it's just 10 cat c images as I would of thought making/possession were seen as the same thing.

EBP

Member since
September 2021

198 posts

Posted Sun June 2, 2024 11:07pmReport post

Please be aware that 'making' images is an all over term including downloading images. It can be very distressing to see this term,as it implies a deliberate act of photographing.It is much more complex.

Losteverything

Member since
September 2022

216 posts

Posted Mon June 3, 2024 1:38amReport post

I have never heard of someone getting a caution for having iioc ... the offence is too serious for that.
also a nfa is not always easy to accept.. if my ex got that it's because nothing was recovered not that he didn't do it.

RShultzz

Member since
March 2024

24 posts

Posted Mon June 3, 2024 8:04amReport post

I dont understand how if images are deleted and inaccessible, they can know what the images are and charge based on them. That seems insane.

Losteverything

Member since
September 2022

216 posts

Posted Mon June 3, 2024 11:00pmReport post

The police can recover everything from a phone, even things which have been deleted. My ex deleted photos and returned his phone to factory settings and luckily the police found enough to charge him

Hopelesscared

Member since
November 2023

68 posts

Posted Tue June 4, 2024 7:09pmReport post

Even if images are deleted, thumbnails of them can be stored. Just because someone committed a crime and hid it (viewing IIOC is a crime either way), there absolutely needs to be due checks and penalties.

hpl111

Member since
November 2022

392 posts

Posted Tue June 4, 2024 9:18pmReport post

The police aren't always able to recover all images and find evidence on phones.

My husband's solicitor said that in 50 % of cases they do, in 50 % of cases they don't.

It depends on a lot of different factors, some of which are quite technical.

Edit: I found a post by someone on Quora, which is quite helpful:

"Thumbnails of deleted data on iPhones can potentially linger on the device until they are overwritten by new data. When you delete a photo or other media from your iPhone, it’s not immediately removed from the device’s storage. Instead, the space it occupies is marked as available for new data. Until new data is written over that space, remnants of the deleted files, including thumbnails, may still exist. However, iOS often clears out these remnants periodically to optimize storage space. Additionally, the duration for which these thumbnails persist can vary based on factors such as the device’s storage capacity, usage patterns, and any subsequent actions taken on the device"

Edited Tue June 4, 2024 9:30pm

Bea

Member since
August 2021

65 posts

Posted Wed June 5, 2024 8:33amReport post

They can get a caution for IIOC. My person did.

LittleRobin3

Member since
April 2024

291 posts

Posted Sat June 8, 2024 3:11pmReport post

Mine was charged with downloading, uploading and making IIOC grade A,B and C. He was sentenced to three years in prison and it was his first offence.

LittleRobin3

Member since
April 2024

291 posts

Posted Sat June 8, 2024 3:22pmReport post

Hi, you can see the sentencing guidelines online but it's complex due to mitigation and plea etc. x