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Self disclosed - possibility of NFA?

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DeepBluOcean

Member since
December 2024

3 posts

Posted Mon December 30, 2024 9:10pmReport post

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

Edited Tue December 31, 2024 12:00pm

LosingIt

Member since
September 2024

185 posts

Posted Tue December 31, 2024 10:04amReport post

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.

Edited Tue December 31, 2024 10:22am

26a20

Member since
December 2024

37 posts

Posted Tue December 31, 2024 5:51pmReport post

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.

LosingIt

Member since
September 2024

185 posts

Posted Tue December 31, 2024 6:47pmReport post

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.