Reading cases. Advice?
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My oh deleted the file immediately when he seen It but it was still in a cache folder which is only accessible by expert software, he was still charged as he didn't report with downloading by accident in the first place
Hi, images and what is classed as moving images were recovered from my persons phone. All deleted and recovered by the police forensics. Listed as downloaded/made. Those that were not deleted he was charged as being in possession of.
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With videos, a lot will depend on how much of it has been downloaded and how much is overwritten. A video in the cache is normally viewable, provided the initial part has been downloaded, because that first bit is what identifies it as a video.
Once a video has been deleted from the cache though, that is where is can be overwritten and again which bits are overwritten, determines if it is still playable or not.
If the video can be played, either in whole, or in part, then the police can see what it contains and they could prosecute.
But in practice, they appear to treat anything deleted from the cache as inaccessible, usually because only bits of it are left, not the whole thing. They are reluctant to prosecute inaccessible files, because those files are often missing key bits of information, like the date it was originally downloaded.
https://www.keithborer.co.uk/news/indecent-images-of-children-cashing-in-on-the-cache/
Once a video has been deleted from the cache though, that is where is can be overwritten and again which bits are overwritten, determines if it is still playable or not.
If the video can be played, either in whole, or in part, then the police can see what it contains and they could prosecute.
But in practice, they appear to treat anything deleted from the cache as inaccessible, usually because only bits of it are left, not the whole thing. They are reluctant to prosecute inaccessible files, because those files are often missing key bits of information, like the date it was originally downloaded.
https://www.keithborer.co.uk/news/indecent-images-of-children-cashing-in-on-the-cache/
Thank you very much for the information xx