Charges + strangeness in forensics
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So the forensics report is back in 'my' case - they found 6 Cat C, 1 Cat B & 1 Cat A, all from the same date & all deleted (he claims he was sent them unsolicited & deleted them immediately, but who knows!).
So it's off to CPS. Am I right in thinking that that adds up to three charges of 'making', even though it's only one image in each of the two higher categories? I'm pretty disgusted with him, but even I think putting someone with a single deleted Cat A image in the same charging 'basket' as someone with hundreds of live Cat As makes no sense.
The solicitor also said that the wording on the disclosure was unusual, and he thinks the police may not actually 'have' the images???? He advised the ex to go for a no comment second interview on that basis. So who knows! And the phone involved has become corrupted in police custody (the police admitted to this, but won't say how), which presumably means that his plan to get independent forensics may be impeded????
So it's off to CPS. Am I right in thinking that that adds up to three charges of 'making', even though it's only one image in each of the two higher categories? I'm pretty disgusted with him, but even I think putting someone with a single deleted Cat A image in the same charging 'basket' as someone with hundreds of live Cat As makes no sense.
The solicitor also said that the wording on the disclosure was unusual, and he thinks the police may not actually 'have' the images???? He advised the ex to go for a no comment second interview on that basis. So who knows! And the phone involved has become corrupted in police custody (the police admitted to this, but won't say how), which presumably means that his plan to get independent forensics may be impeded????
To the best of my knowledge you're correct in saying it would be 3 charges of making. 1 for each category.
I think in terms of the phone becoming corrupted you'd need to ask the solicitor to make contact and ask for exactly what way it has become corrupted and then present this to whatever forensics expert you were planning on contacting and ask if this is something they can work with or would the corruption impede their diagnostic process.
With such small numbers and depending on how the phone has been corrupted you may find that cps deem not enough evidence to charge xxx
I think in terms of the phone becoming corrupted you'd need to ask the solicitor to make contact and ask for exactly what way it has become corrupted and then present this to whatever forensics expert you were planning on contacting and ask if this is something they can work with or would the corruption impede their diagnostic process.
With such small numbers and depending on how the phone has been corrupted you may find that cps deem not enough evidence to charge xxx
If the data on the phone is corrupted, then an independent examination becomes even more important. What tends to happen with deleted files is that they get partially overwritten by other data, so they may not be fully recoverable.
Thanks! He is having a longer debrief with his solicitor (who has had some time off for health reasons) this week, so will see what the outcome is. The police have been pretty incompetent so far- at the initial raid they actually took my laptop by mistake & left his. I had to ring them when I realised (an hour or two later) to come & fetch it. I can't quite believe they've messed up the phone as well. Those were his only two devices.
Edel, I agree re independent forensics. I know his solicitor has a firm he works with regularly.
Edel, I agree re independent forensics. I know his solicitor has a firm he works with regularly.