Advice on charges/magistrate
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Well things have got very real for us over the last week. Charges have been made of making 9 cat b images and magistrates is on 9 Dec. My initial reaction was relief, we finally knew what we were up against, but we've kept everything under wraps hoping to avoid court and no-one else knows, so the time has come to tell my ex and my parents. The optimist in me had been praying the police would have offer a conditional caution based on low numbers for a first offence - but sadly not and here we are. My OH just keeps saying the clock is ticking until his life is over. Let's be honest since the knock it's felt like his life was over - but we've tried to push it to the back of our minds and fill the time waiting with love and making memories. My heart is breaking.
If anyone has experience of similar level charges and the fall out from conviction I'd be grateful for your shared experiences.
xxx
If anyone has experience of similar level charges and the fall out from conviction I'd be grateful for your shared experiences.
xxx
Sorry you're facing court with such few numbers. Realistically, the starting point is 26 weeks custody which is low to begin with so if you plead guilty (30% off), and have some mitigating factors like 'sought help' etc then I suspect this will be a community order. I don't know if they would keep it in magistrates or not, sometimes solicitors prefer the crown court to get a more seasoned judge.
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First up, I'm so sorry I remember the build up to court all too well and it was horrendous. My partners case was sent to Crown Court he pleaded guilty and various factors included he ended up with a suspended sentence, unpaid work and ordered for therapy.
Luckily for us we had told people from the day of the knock that was happening, when my partner confided in what had happened. What was happening and what was going on his family were extremely supportive and my parents were too (they was the only ones to know from my family) my children's father originally was brilliant and actually helped us out with social services alot and they originally closed our case.
If he is honest he may be surprised at the outcome of these conversations and you too. Although, that being Said I remember my partner in these moments, during these conversations, in the weeks leading up to court and he honestly believed his life was over. There were many times he'd go missing and I honestly thought was going to do something stupid but he has made it out the other side. He is getting the help he needs, me too and sometimes, it's almost like a relief without all of the police and the courts and things hanging over you. You learn to truly be happy in the little moments. It will be ok. Just try your best to reassure your partner. He's not a bad person jhst done some stupid bad shit that's all.
Luckily for us we had told people from the day of the knock that was happening, when my partner confided in what had happened. What was happening and what was going on his family were extremely supportive and my parents were too (they was the only ones to know from my family) my children's father originally was brilliant and actually helped us out with social services alot and they originally closed our case.
If he is honest he may be surprised at the outcome of these conversations and you too. Although, that being Said I remember my partner in these moments, during these conversations, in the weeks leading up to court and he honestly believed his life was over. There were many times he'd go missing and I honestly thought was going to do something stupid but he has made it out the other side. He is getting the help he needs, me too and sometimes, it's almost like a relief without all of the police and the courts and things hanging over you. You learn to truly be happy in the little moments. It will be ok. Just try your best to reassure your partner. He's not a bad person jhst done some stupid bad shit that's all.
Similar numbers here. All stayed at magistrates, 12 month community order (120 hours unpaid work) and 5 year SOR.
Thank you so much for your responses and kindness. I'm finding it very reassuring xx
Out of interest, did your solicitor push for caution or were you hoping police would opt for one by themselves?
We only got the charges last week, his solicitor is so busy that the soonest we can speak to him is 4 days before the magistrate date. There's been no mention of a CC but I've contacted them directly to ask the question. I'm going to push for an earlier meeting as I'm not sure on how long we would have to suggest it. Although I think I've read in places that they can also be issued by a magistrate, if they think it's more appropriate.
Ah I see. Usually the window to do it is before the CPS makes a charging decision and it's up to the solicitor to engage with the CPS to try and convince them that a conditional caution is a better option.
Ah I see, that's helpful to understand thank you. I'll still push for an earlier meeting, I think the solicitor feels his case will end up at Crown but I want to know if resolving at magistrate will be possible. 4 days before we attend (only 2 working days) doesn't seem much time for any action/conversations beforehand xx
5 images 2 cat a 3 cat b stayed at magistrates, 180 hours community pay back, 1 year sor, 1 year supervision there was no shpo, media attention I came off social media as it went boom but we got more support than anything to be honest I work heavily within the community and have had no issues, oh lost his job but had only been in it few weeks, he got another job 2 weeks later and has since had promotion to team leader only been in the job 7 months, we had the last police visit in October there will be a phone call end of January.and he has only 2 more visits with his supervisor. First thing we will do in February will get his name off Google search as conviction will be spent and I feel we can move on with life, oh still attends a private psychologist on a monthly basis this has helped him grow in self esteem massively
In turmoil thank you. So pleased to hear you are through the very worst and your life goes on. Well done to your OH on his promotion, this is great news for him.
I'm keen to understand how a resolution at magistrates level comes about? Will this be proposed in advance and if so how soon before the hearing. Also does the solicitor propose this or does it come from the prosecution?
I'm keen to understand how a resolution at magistrates level comes about? Will this be proposed in advance and if so how soon before the hearing. Also does the solicitor propose this or does it come from the prosecution?
Staying in magistrates for my OH happened on the day. It's because crown courts are full and magistrates hold the sentencing power which covers most of these cases.
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Thanks K4, helpful to understand. Does that seem to be the norm I wonder ...does anyone else have any experience of this situation? X
I think if it involves Cat A, it usually ends up in Crown. But I do wonder with the court backlog if magistrates are being asked to hang on to more of these cases if they aren't 100s of images of the worst category.