Being charged next week
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Hi
I'm terrified!I've just found out that my OH is being charged next week and then it's likely to be 4 weeks to magistrates court. While the waiting during these 20 months since the knock has been tough, I'm so scared that my world is about to come crashing down. We're completely financially dependent on him. Anyone have any experience of how the courts are likely to respond to first offence iioc with likely substantial images (he has ASD with hoarding tendencies)?
Also am I right in thinking that if he pleads guilty at magistrates, the courts will ask for a pre-sentencing report before going to crown court?
Thanks,
Hx
I'm terrified!I've just found out that my OH is being charged next week and then it's likely to be 4 weeks to magistrates court. While the waiting during these 20 months since the knock has been tough, I'm so scared that my world is about to come crashing down. We're completely financially dependent on him. Anyone have any experience of how the courts are likely to respond to first offence iioc with likely substantial images (he has ASD with hoarding tendencies)?
Also am I right in thinking that if he pleads guilty at magistrates, the courts will ask for a pre-sentencing report before going to crown court?
Thanks,
Hx
Hi H,
It is a really scary and uncertain place to be. I'm so sorry that you're going through this. Most of us will be able to relate to all those spiralling thoughts and questions that you may have.
Usually the first appearance at Magistrates after being charged is simply to determine whether the matters can be dealt with at Magistrates or need to be referred to Crown Court (this is the most likely scenario for iioc). There isn't usually an opportunity at this stage to enter a plea.
Then there is usually the first appearance at Crown Court. This is the plea hearing and it is usually the first opportunity that someone has to enter a plea.
If the plea is not guilty. A date will be set for a trial at this point.
If the plea is guilty. A date will usually be set for a sentencing hearing back at Crown Court usually a few months down the line (unless of remand - in which case the process is much quicker.)
Usually the pre-sentencing report is completed between the plea hearing and the sentencing hearing. This will note the level of risk perceived by probation and recommendations for sentencing.
In terms of the possible sentence outcome. It's really difficult to call it because there doesn't appear to be much of a standard in following sentencing guidelines. Sentences will vary from a community order to a custodial sentence but this varies greatly depending on the category of the photos, quantity, ages of the children involved and the time over which these offenses have taken place ( i.e one off vs prolonged). A pre sentencing report may take in consideration mitigation (for example, first offence, if your OH has a stable job, a supportive family, a diagnosis of mentally health issues etc..) but on the day of sentencing, the Judge has final say and sometimes they don't go with the recommendations of the pre sentencing report. For a high number of category A (most severe) iioc, I would imagine it would be a suspended sentence at best but possibly a custodial sentence even for a first offence
Judges like to see remorse and that steps have been taken to stop offending and prevent reoffending such as going to counselling, engaging with support groups etc..
I hope that answers some questions and that you are able to navigate these next steps in the best way you possibly can. I know it is scary but it sounds like there may still be some time to go until it concludes and really, trying to anticipate the next part will drive you crazy. The best advice I can give you is take each day as it comes but try to learn as much as you can about the offences, the legal process etc... Sending you lots of strength for the next weeks and beyond.
It is a really scary and uncertain place to be. I'm so sorry that you're going through this. Most of us will be able to relate to all those spiralling thoughts and questions that you may have.
Usually the first appearance at Magistrates after being charged is simply to determine whether the matters can be dealt with at Magistrates or need to be referred to Crown Court (this is the most likely scenario for iioc). There isn't usually an opportunity at this stage to enter a plea.
Then there is usually the first appearance at Crown Court. This is the plea hearing and it is usually the first opportunity that someone has to enter a plea.
If the plea is not guilty. A date will be set for a trial at this point.
If the plea is guilty. A date will usually be set for a sentencing hearing back at Crown Court usually a few months down the line (unless of remand - in which case the process is much quicker.)
Usually the pre-sentencing report is completed between the plea hearing and the sentencing hearing. This will note the level of risk perceived by probation and recommendations for sentencing.
In terms of the possible sentence outcome. It's really difficult to call it because there doesn't appear to be much of a standard in following sentencing guidelines. Sentences will vary from a community order to a custodial sentence but this varies greatly depending on the category of the photos, quantity, ages of the children involved and the time over which these offenses have taken place ( i.e one off vs prolonged). A pre sentencing report may take in consideration mitigation (for example, first offence, if your OH has a stable job, a supportive family, a diagnosis of mentally health issues etc..) but on the day of sentencing, the Judge has final say and sometimes they don't go with the recommendations of the pre sentencing report. For a high number of category A (most severe) iioc, I would imagine it would be a suspended sentence at best but possibly a custodial sentence even for a first offence
Judges like to see remorse and that steps have been taken to stop offending and prevent reoffending such as going to counselling, engaging with support groups etc..
I hope that answers some questions and that you are able to navigate these next steps in the best way you possibly can. I know it is scary but it sounds like there may still be some time to go until it concludes and really, trying to anticipate the next part will drive you crazy. The best advice I can give you is take each day as it comes but try to learn as much as you can about the offences, the legal process etc... Sending you lots of strength for the next weeks and beyond.
I think the best way is to hope for the best but prepare for the worst. My ex was sent to prison for "making" IIOC. They don't always ask for a pre sentencing report but given your persons background, they probably will but be aware that the Judge doesn't have to take any notice of it. Also, for security reasons, if I were you, I'd delete the location. X
Hi there. We've just got through all this. My person was charged then he attended magistrates a few weeks later where he entered a guilty plea. He got the date for sentencing at crown court at his magistrates hearing.. He spoke to someone at court who took his details and then said someone would be in touch to do the pre sentence report. He received a phone call a couple of days later and a TEAMS meeting was arranged to do the report. That meeting took about 90 minutes.
He also went to sign the SOR after leaving magistrates as the police station is next door to the magistrates court.
From charges to sentencing was approx 8 weeks. Hope this is helpful x
He also went to sign the SOR after leaving magistrates as the police station is next door to the magistrates court.
From charges to sentencing was approx 8 weeks. Hope this is helpful x
My oh was only at magistrates never had to go to crown court
Thank you. This is just so horrible. The support on here is helping to keep me going.
Thinking of you Hyacinth
Hope it's over quickly and goes ok x
Hope it's over quickly and goes ok x