Voluntary interview
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So my son has attended a voluntary interview, he was RUI.
My son has downloaded over 20,000 files of porn, 40 images and videos were located of all categories including extreme porn and prohibited images. To say we are devastated is an understatement. He told OIC he has never even opened 1/4 of these files but nonetheless they are their on his devices, and has only downloaded what he thought was adult porn, searches show that he has not looked for IIOC (which is a very small relief for us).
Duty solicitor has asked OIC whether further checks can be done to see whether devices have been hacked (my son has been receiving emails from himself to himself i think this is spam rather than a hack).
We are all so sad as was so hoping for good news, I am right in thinking that he is highly likely to now receive a custodial sentence? X
My son has downloaded over 20,000 files of porn, 40 images and videos were located of all categories including extreme porn and prohibited images. To say we are devastated is an understatement. He told OIC he has never even opened 1/4 of these files but nonetheless they are their on his devices, and has only downloaded what he thought was adult porn, searches show that he has not looked for IIOC (which is a very small relief for us).
Duty solicitor has asked OIC whether further checks can be done to see whether devices have been hacked (my son has been receiving emails from himself to himself i think this is spam rather than a hack).
We are all so sad as was so hoping for good news, I am right in thinking that he is highly likely to now receive a custodial sentence? X
So sorry to hear this, it's madness it's a crime that is prosecuted when there is no clear evidence of "intent". We need so much more education on the dangers of the internet and searching for legal porn. With that many files was it a peer-to-peer sharing service he was using?
40 images is a very small number compared to what most courts will see day in day out so I shouldn't have thought it would be custodial. Much more likely community order. Especially if he is young and there is no evidence for searching for it. Worst case scenario is a suspended sentence.
Have you considered making sure his mitigating circumstances are all covered? Has he spoken to Safer Lives/Lucy Faithful Foundation etc? Sounds like they could discuss dealing with a porn addiction and if he has shown that he is addressing this before formal charges are brought it would show he is more committed to rehabilitation.
I'd also advise getting a solicitor who specalises in this stuff if the duty solicitor doesn't.
40 images is a very small number compared to what most courts will see day in day out so I shouldn't have thought it would be custodial. Much more likely community order. Especially if he is young and there is no evidence for searching for it. Worst case scenario is a suspended sentence.
Have you considered making sure his mitigating circumstances are all covered? Has he spoken to Safer Lives/Lucy Faithful Foundation etc? Sounds like they could discuss dealing with a porn addiction and if he has shown that he is addressing this before formal charges are brought it would show he is more committed to rehabilitation.
I'd also advise getting a solicitor who specalises in this stuff if the duty solicitor doesn't.
Hi,
I wouldn't say custodial is for definite my ex OH has downloaded 1000s of IIOC, searched for them and admitted in an interview an attraction to children and I have been told by the OIC that a custodial sentence is very unlikely. So that's a much more extreme case and that's what I've been told, obviously we're not together anymore so my information comes from the OIC and looking on here.
From what I've seen on here it is very much dependent on the judges opinion of the day. I've seen some with very few images with custodial and 10 years on the SOR and some with lots and lots of images and communication with community orders, it's rubbish but there's no way to know. Sorry not to be more help.
I wouldn't say custodial is for definite my ex OH has downloaded 1000s of IIOC, searched for them and admitted in an interview an attraction to children and I have been told by the OIC that a custodial sentence is very unlikely. So that's a much more extreme case and that's what I've been told, obviously we're not together anymore so my information comes from the OIC and looking on here.
From what I've seen on here it is very much dependent on the judges opinion of the day. I've seen some with very few images with custodial and 10 years on the SOR and some with lots and lots of images and communication with community orders, it's rubbish but there's no way to know. Sorry not to be more help.
40 images is really quite low in comparison to many cases (of course 1 image is 1 too many) but as has been said it is judge dependent, and the pre sentencing report and his work to rehabilitate is also relevant and important - I'd definitely seek better advice than just the duty solicitor.
Thank you all for responding.
For reference my son is 22.
Its a little relief and I also do appreciate that its all dependant on the judge on the day, I suppose I'm just trying to gauge on what I should be preparing him and myself for.
Do you think we should instruct new solicitors now or wait until we have a decision from CPS?
OIC has said that his case will go to court due to evidence being on his devices.
I'm dreading him having a sor and/or shpo, he has already lost so much since the knock and this is just the gift that will keep on giving.
What are mitigating circumstances? X x
For reference my son is 22.
Its a little relief and I also do appreciate that its all dependant on the judge on the day, I suppose I'm just trying to gauge on what I should be preparing him and myself for.
Do you think we should instruct new solicitors now or wait until we have a decision from CPS?
OIC has said that his case will go to court due to evidence being on his devices.
I'm dreading him having a sor and/or shpo, he has already lost so much since the knock and this is just the gift that will keep on giving.
What are mitigating circumstances? X x
I have seen the occassional case where someone of his age and low numbers of images gets an "out of court disposal" - i.e. a police caution. It's pretty rare but not unheard of. It's still the CPS that decides this and you would need a solicitor willing to make representations to the CPS while they are still deciding on the charges. Apparently, this is a very regional thing. Some regions the CPS like cautions, in other regions they give literally zero. A decent solicitor will know.
If you don't want to spend the money on such a longshot I'd wait until charges.
Mitigating cirsumstances are points on the sentencing guidelines that judges/magistrates encouraging them to reduce the sentence:
Previous good character
No previous convictions
Being under-25
Prospects of work/training
Deprived background or personal circumstances
Mental/Learning difficulties
Demonstration of remorse
Willingness to seek professional help to stop re-offending (Safer Lives and Therapy - but looks better before charges official.)
If you don't want to spend the money on such a longshot I'd wait until charges.
Mitigating cirsumstances are points on the sentencing guidelines that judges/magistrates encouraging them to reduce the sentence:
Previous good character
No previous convictions
Being under-25
Prospects of work/training
Deprived background or personal circumstances
Mental/Learning difficulties
Demonstration of remorse
Willingness to seek professional help to stop re-offending (Safer Lives and Therapy - but looks better before charges official.)