Self disclosed - possibility of NFA?
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We are new here and not sure if last post uploaded but today our person self disclosed an accidental event to police that happened last year with help of solicitor, they took their laptop and phone with them we are so worried for them and they are devastated, is NFA likely if nothing found on devices? They said they "deserve whatever happens" and it breaks my heart I know this isn't who they are and to see them punish themselves breaks my heart
All help and advice is welcome
All help and advice is welcome
That's a very brave thing to do, so they should give themselves credit for that. I think it will depend on what the accident was. I've read people disclosing accidental downloads of images and getting a caution based on the witness statement from their partner that they saw something but not much was found on device after examination.
The problem as far as I can see with possession of IIOC is that as a statutory offence it doesn't matter if you came into possession of the image accidentally, even if it was sent to you without asking for it or searching for it as soon as the image hits your device you've committed the offence whether you were wanting to receive the image or not.
The police suggest that as soon as you accidentally receive an image you should report it to them but I can see why many won't do that, as soon as you report it you are essentially confessing to an offence you never had any intention of committing.
The police suggest that as soon as you accidentally receive an image you should report it to them but I can see why many won't do that, as soon as you report it you are essentially confessing to an offence you never had any intention of committing.
There is the "knowledge" that you were likely to make an indecent image as part of the making offence but it seems to be a reverse burden of proof. They assume you knew unless you can prove otherwise. Even lots of lawyers admit it's a draconian law.
Hi Losingit
ive been reading into cautions like you mentioned and how some people receive them even if nothing is found in the device. But I have read some articles and posts about these cautions that say a person who admits to an offense can accept or refuse a caution. Is this true?
the gov uk website mentions that in order for a caution to be given the person must first admit the offense and then accept the caution. What happens if they don't accept it? This is all very confusing x
ive been reading into cautions like you mentioned and how some people receive them even if nothing is found in the device. But I have read some articles and posts about these cautions that say a person who admits to an offense can accept or refuse a caution. Is this true?
the gov uk website mentions that in order for a caution to be given the person must first admit the offense and then accept the caution. What happens if they don't accept it? This is all very confusing x
Hi! The implication is that if it is rejected the CPS will proceed with a formal charge and court. A caution should only be offered where there is enough evidence to convict. However, I imagine the police try their luck when there actually isn't enough evidence so it's worth talking to a solicitor if you are offered one.
With these offences it carries 2 years on the SOR so is still a severe punishment.
With these offences it carries 2 years on the SOR so is still a severe punishment.