Likelihood Of a Custodial Sentence?
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Hi all,
my apologies for the rambling post, my boyfriend was found to have 13 images ranging from categories A, B and C of children in 2022, it was his first offence and I (like most) was unferstably horrified. I stayed because I don't want to believe that's who he is, and because regardless of what he's done I still care about him as a human being.
What followed was a 2 year wait until such a time as we were informed the case was going to crown court, he pled guilty and co-operated at every stage with the investigation, never denied any wrongdoing by possessing the images and attempted on multiple occasions to seek some form of counselling, this proved impossible for either of us to find.
He moved to a different area, got a new job, really made strides to rehabilitate and remove the environmental factors that led to his offending, but now I'm terrified that sentencing will cost him all of that.
He had bulk downloaded drawn images which were listed as "prohibited images" in his charge sheet, it was a huge amount.
I suppose I'm asking the void a bit here given the lack of insight into how decisions are made, but based on the above does anyone know if he's likely to be given a prison sentence? I ask because I don't want to break down on him if the worst comes to pass, he'll need me to be stable.
my apologies for the rambling post, my boyfriend was found to have 13 images ranging from categories A, B and C of children in 2022, it was his first offence and I (like most) was unferstably horrified. I stayed because I don't want to believe that's who he is, and because regardless of what he's done I still care about him as a human being.
What followed was a 2 year wait until such a time as we were informed the case was going to crown court, he pled guilty and co-operated at every stage with the investigation, never denied any wrongdoing by possessing the images and attempted on multiple occasions to seek some form of counselling, this proved impossible for either of us to find.
He moved to a different area, got a new job, really made strides to rehabilitate and remove the environmental factors that led to his offending, but now I'm terrified that sentencing will cost him all of that.
He had bulk downloaded drawn images which were listed as "prohibited images" in his charge sheet, it was a huge amount.
I suppose I'm asking the void a bit here given the lack of insight into how decisions are made, but based on the above does anyone know if he's likely to be given a prison sentence? I ask because I don't want to break down on him if the worst comes to pass, he'll need me to be stable.
Sorry you've found yourself on here.
The guidelines used by judges to decide on sentencing are available online and list the possible outcomes for all sorts of offences including IIOC
https://www.sentencingcouncil.org.uk/
From what others have said on here the sentence tends to be based on the most serious category of images found so in your partners case Cat A. Unfortunately, the sentencing guidelines for cat A is custodial ranging from 6 months to 3 years with a starting point of 1 year. The actual length of the sentence will depend on factors such as previous conviction, number of images, action taken to address offending behaviour etc.
The guilty plea will reduce the sentence by one third, a six month sentence becomes four for example.
Also a custodial sentence doesn't automatically mean prison, the sentence could be suspended and served on licence in the community.
I will say that I'm basing what I've written above on reading the sentencing guidelines and other posts on here, not on any real experience, we haven't got to that stage yet. I'm sure others on here who have had to deal with sentencing for Cat A images will be able to give you their insight as well.
I'm sure this is not the news you wanted to read but I hope everything goes as well as it can for yourself and your BF, do you have a date for the sentencing hearing?
The guidelines used by judges to decide on sentencing are available online and list the possible outcomes for all sorts of offences including IIOC
https://www.sentencingcouncil.org.uk/
From what others have said on here the sentence tends to be based on the most serious category of images found so in your partners case Cat A. Unfortunately, the sentencing guidelines for cat A is custodial ranging from 6 months to 3 years with a starting point of 1 year. The actual length of the sentence will depend on factors such as previous conviction, number of images, action taken to address offending behaviour etc.
The guilty plea will reduce the sentence by one third, a six month sentence becomes four for example.
Also a custodial sentence doesn't automatically mean prison, the sentence could be suspended and served on licence in the community.
I will say that I'm basing what I've written above on reading the sentencing guidelines and other posts on here, not on any real experience, we haven't got to that stage yet. I'm sure others on here who have had to deal with sentencing for Cat A images will be able to give you their insight as well.
I'm sure this is not the news you wanted to read but I hope everything goes as well as it can for yourself and your BF, do you have a date for the sentencing hearing?
26a20,
thank you for replying, I was aware that he was likely to face a suspended sentence, I suppose what I'm really asking is if he's likely to see the inside of a prison (I really hope not)
He's put 2 years of work into improving himself and into demonstrating his remorse, and into unpacking an assault he suffered as a child himself and I know prison would ruin him, not socially but he'd never mentally recover.
thank you for replying, I was aware that he was likely to face a suspended sentence, I suppose what I'm really asking is if he's likely to see the inside of a prison (I really hope not)
He's put 2 years of work into improving himself and into demonstrating his remorse, and into unpacking an assault he suffered as a child himself and I know prison would ruin him, not socially but he'd never mentally recover.
I'm not sure what criteria judges use to decide between immediate custodial or a suspended sentence so can't really say how likely it will be that he'll find himself inside. However the fact that he has pleaded guilty, has no previous convictions, has cooperated through out, has shown remorse and taken steps to address his behaviour will all help to make it more likely that the sentence will be suspended.
Unfortunately alot of it will come down to the judge on the day.
Also I think most people are alot more resilient than they think they will be when dealing with a prison sentence. Yes it will be a completely alien environment to get used to but my partner said most adapt quite quickly.
Unfortunately alot of it will come down to the judge on the day.
Also I think most people are alot more resilient than they think they will be when dealing with a prison sentence. Yes it will be a completely alien environment to get used to but my partner said most adapt quite quickly.
Given the number of images, and given it's his first offense, it's likely going to be a suspended sentence, even if he possesses category A.
We are going through similar
There's approx 60 cat A and B and 800 cat c extreme porn falls into some of these as well
Maigistrages court is next week
Im terrified what will happen, we have a disabled son who when social services stopped him seeing Dad was emotionally harmed. A family court judge ordered contact was reinstated immediately
If Dad is sent to prison I know my son won't cope without him he rings him everyday and sees him twice a week supervised under court order
He's done so much work since that knock on the door
Paid out to do safer lives course, is now completely drug free and has done drug tests to prove this, has been diagnosed with a mental health condition and he's receiving treatment for this
He's also disclosed sexual, emotional and physical abuse he suffered as a child and is undergoing counselling
I just hope the judge recognises this and allows him to continue his treatment in the community
Do judges take into account home circumstances like our son?
There's approx 60 cat A and B and 800 cat c extreme porn falls into some of these as well
Maigistrages court is next week
Im terrified what will happen, we have a disabled son who when social services stopped him seeing Dad was emotionally harmed. A family court judge ordered contact was reinstated immediately
If Dad is sent to prison I know my son won't cope without him he rings him everyday and sees him twice a week supervised under court order
He's done so much work since that knock on the door
Paid out to do safer lives course, is now completely drug free and has done drug tests to prove this, has been diagnosed with a mental health condition and he's receiving treatment for this
He's also disclosed sexual, emotional and physical abuse he suffered as a child and is undergoing counselling
I just hope the judge recognises this and allows him to continue his treatment in the community
Do judges take into account home circumstances like our son?
I believe things like home circumstances, dependants etc can be taken into consideration. Your solicitor will have to make the judge aware of these as part of the mitigating factors. How much weight the judge decides to give to the various mitigating and aggravating factors when deciding on a sentence will be down to them on the day.
He is classed as a vulnerable child and has disabilities I've read if he could be significantly impacted by media attention regarding the case we can apply to stop reporting
He is my absolute world and I have faught so hard to protect him from all of this so I hope the judge will agree
His solicitor doesn't seem to know much about applying so I guess it's something we will have to figure out ourselves
Had a magistrates hearing today and the judge has said back next month after probation report but she's likely to keep the case herself in magistrates
She's lifted all bail conditions
He is my absolute world and I have faught so hard to protect him from all of this so I hope the judge will agree
His solicitor doesn't seem to know much about applying so I guess it's something we will have to figure out ourselves
Had a magistrates hearing today and the judge has said back next month after probation report but she's likely to keep the case herself in magistrates
She's lifted all bail conditions