Devices have been searched what now?
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Hi all,
So my partner was arrested in Feb this year for sexual communication with a decoy. He's had his devices searched and back and nothing has been found on these at all. Although this is a massive relief for me it has been still sent to CPS.
Has anyone had this where they've been sent to CPS despite nothing being found? Police obviously said that's going to take awhile too due to all the riots going on.
So my partner was arrested in Feb this year for sexual communication with a decoy. He's had his devices searched and back and nothing has been found on these at all. Although this is a massive relief for me it has been still sent to CPS.
Has anyone had this where they've been sent to CPS despite nothing being found? Police obviously said that's going to take awhile too due to all the riots going on.
Hi Worried,
My sons offence was communication. His devices were all clear and returned to him within a few months of being seized. The evidence used to charge and sentence him was the statement from the victim and his admission when arrested.
Thinking of you both and sending you a big hug.
My sons offence was communication. His devices were all clear and returned to him within a few months of being seized. The evidence used to charge and sentence him was the statement from the victim and his admission when arrested.
Thinking of you both and sending you a big hug.
Long time lurker here and my OH was involved with vigilantes and streamed live etc. Device taken nearly 18 months ago and not even looked at but nothing on it apparently as messages deleted - whats app. Do they not need both devices to prosecute? His life is already ruined as are ours due to the sting. We are in NI and the vigilantes here are paramilitary linked.
Worried 4 Future, one of my OH’s charges was attemped communication. This is when they communicate with a decoy. They cant charge them for communicating with an underage person in this case but they can still charge them for attempted communication. I can’t however comment on what the punishment for that alone would be as my OH was also charged with making (this means viewing and downloading) lots of indecent images all categories.
So my partner was told he would be facing the minimum either a fine or community service as they can't get the conversation from the decoy as my partner blocked the account. Is the correct? This is what solicitor told him.
If this is a police decoy, you would expect them to keep copies of all the conversations from their end.
If they don't have any evidence of the conversation, then I don't see how they can charge him, because they cannot be certain that what was said was actually illegal.
If they don't have any evidence of the conversation, then I don't see how they can charge him, because they cannot be certain that what was said was actually illegal.
So my understanding is they do have a copy on paper but when my partner knew the real age of the decoy '14 years old' he blocked immediately, with it being snapchat when you block someone the conversation gets wiped from both ends and forensics wasn't able to retrieve that conversation from my partners phone or from the decoys. His solicitor said had he not sent a photo of himself they could of argued the conversation never happened but he identified that it was him in the picture. But she said he's facing either a fine or community service.
My partner's case was also a decoy case and there should be screenshots or photos of the conversation available. If the police cannot provide appropriate evidence to argue the prosecution's case that your partner is guilty of sexual communication then the CPS should choose not to charge, however sometimes they can proceed to the next stage if they believe it to be in the public's interest to have it heard in court.
If images or conversation took place prior to age being disclosed then he isn't actually guilty, part of the requirement for being guilty is that you didn't reasonably believe the "victim" to not be of age.
If images or conversation took place prior to age being disclosed then he isn't actually guilty, part of the requirement for being guilty is that you didn't reasonably believe the "victim" to not be of age.
Age was discussed before sexual messages were exchanged. The chat initially started on the app Grindr and then moved over to snapchat. On Grindr the decoy sent this Snapchat name and then stated it was 14, my partner claims he put the username into snapchat and didn't see that the account had said it was 14 as he just added the username and didn't go back onto Grindr as he messaged him on snapchat when added, I find this VERY hard to believe. But anyway the chat continued on snapchat and after a photo was sent the account started talking like a child and my partner found it to be quite odd so blocked the account and then went back on Grindr and saw the message. Again I don't know how true this is but the police did say he definitely blocked the account and it's worked in his favour.
Screenshots have been taken of the conversation and are on paper but it wasn't found on any of my partners devices or the decoys device.
Screenshots have been taken of the conversation and are on paper but it wasn't found on any of my partners devices or the decoys device.
I don't think your persons solicitor can predict what the outcome might be until the CPS come back with their response. The CPS will be looking at all the evidence including your persons initial statement, the paper copy of the conversation and anything else the police have managed to find.
If the CPS believe they have enough evidence to prosecute they will issue the charges to the police who will in turn notify your person.
My heart goes out to you as I know how hard it is waiting to hear, when your thoughts are racing and your desperate for some hope.
If the CPS believe they have enough evidence to prosecute they will issue the charges to the police who will in turn notify your person.
My heart goes out to you as I know how hard it is waiting to hear, when your thoughts are racing and your desperate for some hope.