Family and Friends Forum

I think I read it depends if you click on it again. The judge has to be satisfied that the person knew what the image would be if they clicked on the link. Mind you my husband's case showed no visits to websites nor where the images had come from yet he still got convicted so it really depends on the jury's thoughts which isnt great in these cases.

I would think what Rsinbow has said is true and sounds reasonable. One off click and look and not save or return for a second look. However - I'm the newbie to all this do what do I know? I hope it all works out for the best

Hi Partner..

My husband used a file sharing site for his illegal activity. Police forensically found four deleted movie clips. They stated two had not been opened or viewed but because they were downloaded the offence was complete.

My husband was also criticised by CPS and the judge for trying to hide and frustrate the cause of justice by deleting the files so he was damned whatever action he did once they were on his computer hard drive.

His sentence was 12 months suspended for 2 years. At the time I thought it was harsh however I have researched the CPS guidelines since and they have a srarting point of 3 years in prison for one category A image.

Best wishes during this horrible journey...

It can be as much as 1/3 reduction if pleading guilty at the first opportunity. That can potentially be the difference between a suspended sentence or not, as they can only suspend if the sentence is less than 2 years. As with all these things there's guidelines for different classifications and there's no predicting which end of the guidelines the judge will go with. The only thing you can do I think is to prepare for the worse.

i was thinking of that same recent case lee1969, I can't remember the exact details but it was on the BBC news website. That file was sent to a bunch of people and not everyone was prosecuted, it read to me like the policewoman was being made an example of because she should have reported it.

Hi partner

He pleaded not guilty and received 3 year community order and 5 years on the register. There was so evidence of searching or where images came from but these were automatically saved onto his hard drive which the court did accept that he didn't save them so didn't possess them. There was only a small amount which really he could have visited a different website each time but because history was deleted even though it automatically deleted the evidence didn't help him