Family and Friends Forum

Assessment for capacity to plead

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Mammabear

Member since
March 2023

13 posts

Posted Fri November 22, 2024 5:04pmReport post

My person was in magistrates court this week. He has been charged with possession of a handful of Cat C images, but there is also still as far as I can tell an ongoing investigation into potentially much more serious communication offences that have not yet been charged.

Its quite difficult to get information from him as we dont live nearby (he is not a direct relative) and as he has autism its difficult to get much coherent information from him as he either doesnt take it in or doesnt understand or for whatever reason cant communicate it to us.

He has now told me that after his court appearance this week his case has been adjourned to the high court in a few weeks time, and that there will be an assessment of his capacity to plead.

Has anyone come across this before? What does it mean for him?

Also, from what Ive read, it would be unusual for a case involving this small a number of Cat C images to go to the crown court. I cant work out what this actually means for his case.

Any expereicne welcome!

Lucy from Stop it Now!

Member since
September 2018

517 posts

Posted Mon December 2, 2024 3:53pmReport post

Hello,

Thank you for posting on the Family and Friends forum, we understand that it is not easy to post on a forum about these difficult situations. I can see that you have not yet had a reply on your post, hopefully someone else in a similar situation can reply soon with some support.

If you haven't already done so, I would also encourage you to contact our Stop it Now helpline. The helpline is anonymous, confidential and free, on 0808 1000 900. One of our trained advisors will then be able to explore your situation in detail and provide some support and do their best to answer your questions. Our trained advisors deal with similar concerns to yours every day and will be able to talk these through with you and offer you the best advice we can.

I hope this has been helpful.

Take care,

The Forum Team

edel2020

Member since
March 2022

392 posts

Posted Tue December 3, 2024 10:50amReport post

Capacity to plead is about whether he is able to understand the charges enough to enter a guilty or not guilty.

It's true that a small number of Cat C images may not go to the crown court, but it really depends on what the magistrate decides to do.