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Hello,
My son has now had his bail extended by a further 3 months and has been told it will likely be extended by another 3 months after that, so at least September before a charge may be likely.
He has been arrested on reasonable suspicion of online communications which he admitted too. There are photos but not confirmed as iioc, but they are checking devices.
My question is, how likely is it to get a caution?
My son has now had his bail extended by a further 3 months and has been told it will likely be extended by another 3 months after that, so at least September before a charge may be likely.
He has been arrested on reasonable suspicion of online communications which he admitted too. There are photos but not confirmed as iioc, but they are checking devices.
My question is, how likely is it to get a caution?
Very unlikely. I've seen a few on here get no further action dont think I've seen any cautions.
Hi
Just wanted to tell you what happened with what my OH did. He had online communication with an adult (police decoy) no images involved. He was still given a non custodial sentence and put on probabtion until September (This is from an offence that happened in August 2023).
I don't think the police give cautions for this type of thing unfortunately they will still give any evidence to the court and it will be decided what charge is approriate. My OH was charged with Obscene Publications 1959 as in the eyes of the law that is what he did- publish an obscene article.
Just wanted to tell you what happened with what my OH did. He had online communication with an adult (police decoy) no images involved. He was still given a non custodial sentence and put on probabtion until September (This is from an offence that happened in August 2023).
I don't think the police give cautions for this type of thing unfortunately they will still give any evidence to the court and it will be decided what charge is approriate. My OH was charged with Obscene Publications 1959 as in the eyes of the law that is what he did- publish an obscene article.
Cautions do seem to be rare. The criteria is quite specific, a small number of Cat C images only. If no images are found at all, then it would be an NFA.
For communication, cautions are even less common, because it is seen as more serious. But a lot depends on what was said in the conversations. Age also makes a difference, especially if the person they were talking to is 16 or 17. That is more likely to be cautioned.
Talking to, or about, a child under 16 is more serious, and if the child is under 13, that is the most serious and least likely to receive a caution.
For communication, cautions are even less common, because it is seen as more serious. But a lot depends on what was said in the conversations. Age also makes a difference, especially if the person they were talking to is 16 or 17. That is more likely to be cautioned.
Talking to, or about, a child under 16 is more serious, and if the child is under 13, that is the most serious and least likely to receive a caution.
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edel2020
Hi thanks for sharing this.. What if they genuinely don't know how it got onto their phone? And there are no history of them searching for such things or downloads?
Hi thanks for sharing this.. What if they genuinely don't know how it got onto their phone? And there are no history of them searching for such things or downloads?
If there are no searches, then that increases the possibility that a jury would believe it was accidental.
The forensic report can show a pattern of behaviour too. For example, visiting the same website over and over again, on different days, or just visiting it once.
If it was a one off visit, that also increases the chances of it being accidental. But once images are found, the CPS may decide to bring charges and then he would have to plead not guilty and go through a trial, in order to convince a jury.
So people will only do that if they are certain of success and a lot plead guilty, just to get it over with.
The forensic report can show a pattern of behaviour too. For example, visiting the same website over and over again, on different days, or just visiting it once.
If it was a one off visit, that also increases the chances of it being accidental. But once images are found, the CPS may decide to bring charges and then he would have to plead not guilty and go through a trial, in order to convince a jury.
So people will only do that if they are certain of success and a lot plead guilty, just to get it over with.