only 50% trials end in conviction...?!
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Read this here: https://www.gloucestershirelive.co.uk/news/gloucester-news/only-half-trials-involving-images-5468915
I am convinced this cannot be true or there would be many more solicitors suggesting a not guilty plea for many of these offences. Is this just local journalists being shoddy?
I am convinced this cannot be true or there would be many more solicitors suggesting a not guilty plea for many of these offences. Is this just local journalists being shoddy?
It's important to remember here that a very large number of the people arrested are under 18 themselves. They are much less likely to be prosecuted than an adult so that skews the figures.
Also, the CPS will not go to court unless they are sure they can win and defence solicitors will not advise their client to plead not guilty, unless they are sure they can win. So the cases that do make it all the way to a trial are quite rare.
Also bear in mind that on this forum we only see a snapshot of the 10,000 people who are arrested each year. We dont hear from the vast majority, because they dont use this forum.
Also, the CPS will not go to court unless they are sure they can win and defence solicitors will not advise their client to plead not guilty, unless they are sure they can win. So the cases that do make it all the way to a trial are quite rare.
Also bear in mind that on this forum we only see a snapshot of the 10,000 people who are arrested each year. We dont hear from the vast majority, because they dont use this forum.
Well, my husband's case was NFA, because they couldn't find any evidence on his phone.
He was extremely lucky.
He was extremely lucky.
Well the article says 50% of "prosecutions" end in no conviction. That implies that the police and CPS have bought charges and 50% either don't make it to trial or are lost by the CPS at trial. This is why I asked if this was sloppy journalism because they may not mean "prosecutions" and just mean "investigations".
I don't think the case of under-18s making IIOC would be included under the term "prosecution" because in 9/10 the police/CPS would not actually prosecute and just give a them a warning.
I don't think the case of under-18s making IIOC would be included under the term "prosecution" because in 9/10 the police/CPS would not actually prosecute and just give a them a warning.
You might be right about the difference between an investigation and a prosecution.
The statistics are hard to find, because they include image offences in a list of other sexual offences, rather than publishing stats for image offences only.
The police claim that evidential difficulties are the main reason for cases being dropped, but of course that would suggest those cases never went as far as being charged.
But what if a prosecution officially begins with a charging decision, rather than an actual charge? Then all the ones that were NFA, or where Outcome 21 was applied, which is the ones involving a child perpetrator, all count as prosecutions?
Update; I think I have now found the answer to this, although it wasnt easy. The stats are in the ONS statistics under Child abuse and the criminal justice system.
Looking at the data there are 3 things that stand out for me. The number of cases that actually goes to court is around 2,500 per year, so around half of those prosecuted, which explains the newspaper article.
Of those that go to court, around 95% are convicted. Very few not guiltys then.
...and the thing that will be of most interest is that of the 2,500 who are convicted each year, about 1,000 receive a suspended sentence, 700 receive a community order and 600 go to prison, with the rest getting a fine or conditional discharge.
The statistics are hard to find, because they include image offences in a list of other sexual offences, rather than publishing stats for image offences only.
The police claim that evidential difficulties are the main reason for cases being dropped, but of course that would suggest those cases never went as far as being charged.
But what if a prosecution officially begins with a charging decision, rather than an actual charge? Then all the ones that were NFA, or where Outcome 21 was applied, which is the ones involving a child perpetrator, all count as prosecutions?
Update; I think I have now found the answer to this, although it wasnt easy. The stats are in the ONS statistics under Child abuse and the criminal justice system.
Looking at the data there are 3 things that stand out for me. The number of cases that actually goes to court is around 2,500 per year, so around half of those prosecuted, which explains the newspaper article.
Of those that go to court, around 95% are convicted. Very few not guiltys then.
...and the thing that will be of most interest is that of the 2,500 who are convicted each year, about 1,000 receive a suspended sentence, 700 receive a community order and 600 go to prison, with the rest getting a fine or conditional discharge.
edel2020 - Is the 2500 you quoted above just image offences or does that number include communication and contact offences?
Thanks! Some futher context here:
https://www.stuartmillersolicitors.co.uk/indecent-images-cases-dropped-uk/
"In 2020, there were 4,762 prosecutions relating to child abuse images across England and Wales. Of those, 2,385 ended in a conviction, which is just over 50% of all cases. This is fairly typical of indecent images cases, but represents a lower conviction rate than the overall conviction rate.
This means that on average, it is harder to prove guilt in indecent images cases than it is in cases concerning other crimes. Indeed, between 2013 and 2021, the conviction rate in England and Wales was about 82 percent in Magistrates’ courts and about 79 percent in the Crown courts."
https://www.stuartmillersolicitors.co.uk/indecent-images-cases-dropped-uk/
"In 2020, there were 4,762 prosecutions relating to child abuse images across England and Wales. Of those, 2,385 ended in a conviction, which is just over 50% of all cases. This is fairly typical of indecent images cases, but represents a lower conviction rate than the overall conviction rate.
This means that on average, it is harder to prove guilt in indecent images cases than it is in cases concerning other crimes. Indeed, between 2013 and 2021, the conviction rate in England and Wales was about 82 percent in Magistrates’ courts and about 79 percent in the Crown courts."
Just to be absolutely clear, I was only talking about image offences, not communication.
As for the question of how easy it is to get a conviction. Like I said, 95% of those that go to court are convicted, but only 25% of those arrested will make it to court.
A very large number will be dealt with out of court, because the person is under 18. That could be as many as 50% of those arrested incidentally.
Then around 50% of those that are left will be NFA because no images were found on the devices.
So thats 9,600 arrests per year approx, 4,800 referred to CPS for a decision and 2,400 get charged and go to court.
As for the question of how easy it is to get a conviction. Like I said, 95% of those that go to court are convicted, but only 25% of those arrested will make it to court.
A very large number will be dealt with out of court, because the person is under 18. That could be as many as 50% of those arrested incidentally.
Then around 50% of those that are left will be NFA because no images were found on the devices.
So thats 9,600 arrests per year approx, 4,800 referred to CPS for a decision and 2,400 get charged and go to court.