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Arrest vs actual charges

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Holdingthegrenade

Member since
June 2024

135 posts

Posted Mon June 24, 2024 1:24amReport post

Hi

im still in the early post-knock stages. Bailed under investigation. My person was arrested for one thing... However I'm aware from others experiences that this is often changed to a charge of something else. My person insists there isn't anything else-but clearly they don't know the law and what is legal/real/wrong or we wouldn't have been dragged into this never-ending nightmare.

Does what they were arrested for stay on record even if it was untrue/that charge dropped? Or is it what they are charged with that is recorded? If they're charged but found not guilty does that stay on record somewhere?

He had a duty solicitor but getting hold of them to find out is impossible.

I'm really worried about the different types of charges and how varied the outcomes are.

Edited Sat September 7, 2024 9:56pm

EA

Member since
August 2022

122 posts

Posted Thu June 27, 2024 1:39amReport post

My person was initially arrested for possession of a cat c image but charged with distribution (no possession) instead. Only the charges are considered in court as that's all they have the evidence for.

SadAndWorried

Member since
October 2019

154 posts

Posted Thu June 27, 2024 7:17pmReport post

High holdingthegrenade, so have the police confirmed what you've written... That it is fake and not true?

I think it is often(but not always) the case that they are arrested for one things and then charged with other things as they are arrested for what is flagged up online and then they pick through the phone and find more.

The same as the other person, my person was arrested for 1 Cat C but turned out to be lots of images, some videos and some conversations.

Only things that are backed up with evidence will be sent to the court/kept on his file.

x

Holdingthegrenade

Member since
June 2024

135 posts

Posted Thu July 4, 2024 12:10amReport post

Post deleted by user


Edited Thu July 4, 2024 12:12am

Holdingthegrenade

Member since
June 2024

135 posts

Posted Thu July 4, 2024 12:20amReport post

No, we haven't had forensic report or anything back yet but the arrest was for historical sexual activity with a minor. It was a fantasy chat discussed in a chat room. (Which is in their words a horrible and completely stupid thing to make up). I'm just worried that because they didn't stop the conversation or report it that it could be seen as "encouraging" the person they were chatting to (suspect it's a decoy).

Edited Sat September 7, 2024 9:59pm

SadAndWorried

Member since
October 2019

154 posts

Posted Thu July 4, 2024 10:23amReport post

Hello, so was your person talking about made up sexual abuse that they were pretending they had done? Or was the person they were talking too making something up? I'm a little confused xx

edel2020

Member since
March 2022

381 posts

Posted Thu July 4, 2024 10:41amReport post

Unless the police can find some actual evidence that the abuse really took place, then the only realistic charges are communication related.

It's only incitement, if you encourage another person to do something, rather than talking about something you might have done.

The other thing that might apply is indecent communication, where a person talks about doing something which is "grossly offensive".

Holdingthegrenade

Member since
June 2024

135 posts

Posted Wed July 31, 2024 6:29amReport post

Post deleted by user


Edited Mon August 12, 2024 5:49pm