Help to understand laws around iioc and what charges.
Notifications OFF
Hello,
So, I am here because of my naive son who was arrested in January. The police officer called him yesterday to say that they now have authority to search his phone and laptop.
But I don't understand how it works and neither does he. He has been adamant that there are no photos on his device, but he obviously viewed them somehow.
He communicated with a 16 year old on snapchat and photos were shared, but he didn't save them on his phone.
How does this all work, he has viewed them, but not saved them onto his phone.
I think he is facing charges for communication, which is just awful, but what else could he face?
Worried sick where this is all going.
So, I am here because of my naive son who was arrested in January. The police officer called him yesterday to say that they now have authority to search his phone and laptop.
But I don't understand how it works and neither does he. He has been adamant that there are no photos on his device, but he obviously viewed them somehow.
He communicated with a 16 year old on snapchat and photos were shared, but he didn't save them on his phone.
How does this all work, he has viewed them, but not saved them onto his phone.
I think he is facing charges for communication, which is just awful, but what else could he face?
Worried sick where this is all going.
Sorry I can't help in terms of images but my OH is going to be charged with communication and he has been told it is a low level offence and sentencing is likely to be a 2 year community order with 2-5 years on the SOR.
There are a lot of variables i.e is your son 18 or over so therefore would be charged as an adult. Also depends on what was involved in the communications.
Sorry you are here, it's an awful time! Hope you find this forum helpful as there are lots of answers on here!
There are a lot of variables i.e is your son 18 or over so therefore would be charged as an adult. Also depends on what was involved in the communications.
Sorry you are here, it's an awful time! Hope you find this forum helpful as there are lots of answers on here!
Hi Wanderer and Daisy,
I share your worries and understand completely.
After 3 yrs my now 26 yr old autistic son has been charged with communication offences, due again in Crown Court soon . Told usually custodial sentence but we are just praying that his huge mitigation (Barristers words) he will not go to prison.
we are worried sick yet B is taking it all in his stride. I am a wreck and currently off work sick as I can't think straight. He is now in supported living who have been really good with him.
i can't believe my lovely, gentle , thoughtful son has ended up here. I'm devastated and dare not think about what future he will have as he is already disadvantaged vulnersble
just know you are not alone in all this x
I share your worries and understand completely.
After 3 yrs my now 26 yr old autistic son has been charged with communication offences, due again in Crown Court soon . Told usually custodial sentence but we are just praying that his huge mitigation (Barristers words) he will not go to prison.
we are worried sick yet B is taking it all in his stride. I am a wreck and currently off work sick as I can't think straight. He is now in supported living who have been really good with him.
i can't believe my lovely, gentle , thoughtful son has ended up here. I'm devastated and dare not think about what future he will have as he is already disadvantaged vulnersble
just know you are not alone in all this x
It's such a worrying time. My person was charged with communication offence. He got a suspended sentence and time on SOR and a SHPO. I believe communication is classed as a more serious offence. Sending you my best wishes x
I am unsure how Snapchat works but does it automatically save a picture into a cache file, my oh clicked on a link in a porn site seen something horrific deleted immediately but was retrievable by expert software
Hi,
Thank you for your replies.
My son was 20 at the time of contact.
Sorry, as I learn more from this forum about this hideous situation he has tipped us into, I have more questions that I dont want to ask internet searches.
If photos have been looked at but not saved on a device, does this come under possession??
What does making photos mean?
What about if a photos app is used or something like that instead of saving on a device?
I really don't like asking all these questions and I still cannot believe I am in this situation.
Thank you for your replies.
My son was 20 at the time of contact.
Sorry, as I learn more from this forum about this hideous situation he has tipped us into, I have more questions that I dont want to ask internet searches.
If photos have been looked at but not saved on a device, does this come under possession??
What does making photos mean?
What about if a photos app is used or something like that instead of saving on a device?
I really don't like asking all these questions and I still cannot believe I am in this situation.
I think making is downloading. I think it's a confusing phrase of speech. I think that's all I can help you with x
Making means downloading. Its a confusing and misleading technical term. It simply means the original image has been changed by downloading, therefore a "new" image has been "made". What is DOESN'T mean is the image was created by the person.
If you can see an image on the screen, then it is on the device somewhere. Usually in the cache. If you save it as well, then you then have two copies. One in the cache and one in the saved or the downloads folder.
The word making, really means making a copy of an existing image on to your device. That is different from creating or producing an image, which means creating a brand new image, that did not exist anywhere before.
There is a slight legal difference between possession and making, but for sentencing purposes, making and possession are the same. Only production is treated differently.
The word making, really means making a copy of an existing image on to your device. That is different from creating or producing an image, which means creating a brand new image, that did not exist anywhere before.
There is a slight legal difference between possession and making, but for sentencing purposes, making and possession are the same. Only production is treated differently.
My son's was convicted of sexual communication via Snapchat. There were no images found on his phone but he admitted that he'd sent a photo of himself and in return received a photo of the person he was communicating with, during his arrest. He was charged with sexual communication and incitement and received a 2 year suspended sentence with 10 years SOR and SHPO. I believe that the person he was communicating with screenshot the message/photo/etc and gave to the police as evidence.