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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience:  Over 5 years in practice
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Hi, the police came round with a warrant to confiscate all

Customer Question

Hi, the police came round with a warrant to confiscate all items that might contain indecent images of children. I have previously downloaded such items but deleted them months ago. However, I am sure the police are capable of retrieving them. In my panic I arranged to attend a voluntary interview at the station on Friday (tomorrow). I now wish not to attend - if I cancel at such short notice, would this be held against me in court, or give cause for the police to arrest me? I would admit guilt if prosecuted, but I don't want to throw myself into the fire just yet.

Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How many images?

Did you pay by credit card?
Customer: replied 3 years ago.

Hi Jo,


 


Thanks for taking me on. I can't remember the exact amount. Maybe 40 at Grade A. I didn't pay for them, they were obtained by P2P (like Limewire).

Expert:  Jo C. replied 3 years ago.
Thanks.

Obviously its a bad idea to just cancel in the sense of refusing to go in for interview at all. All that will cause them to do is come round and arrest you probably at about 6am on a day when you have other plans. if the police want to speak to you then refusing to co-operate isn't really an option long term.

What would be a good idea though is to rearrange to a day when your solicitor can attend with you. You might be able to find one to attend with you tomorrow evening. If this is an indecent image then usually most firms will make somebody available to cover it.

Its not really a good idea to admit to their allegation. You cannot lie but silence is golden. I know that you know what you've done but they have to prove it. Its quite a complicated business to prove downloads. If you didn't pay by credit card then the link is via downloads and there are different levels of downloads some are very strong and some are very weak.

Its not for you to worry about really. Just make a no comment interview and see what can be proven against you.

Can i clarify anything for you?

Jo
Customer: replied 3 years ago.

That's what I thought. I actually asked to speak to them though - fooled by the kindness of the DC involved asking after my mental health (they found a journal describing suicidal thoughts). Does this change matters or can my initiating it be taken as an admission of guilt, leading to arrest and custody? Sorry for all the questions, I hope they make sense.

Expert:  Jo C. replied 3 years ago.
Well, they will believe you are guilty. You may as well put any thought out of your mind of ever convincing the officers that you are anything other than a monster that eats babies!

I wouldn't worry about that. That isn't what matters in court.

What matters in court is what the Crown can prove to the satisfaction of the jury.

I wouldn't normally suggest deliberately annoying officers for no good reason but arranging the attendance of a solicitor to assist you with this is a good reason.
Customer: replied 3 years ago.

Thank you for you help, I shall do this. And thank you for not passing judgement in your replies - I have trained and volunteered as a therapist for years and have never felt more of a monster, if you'll forgive me for borrowing your phrasing.

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience: Over 5 years in practice
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Customer: replied 3 years ago.

Hi Jo,


I had a chat with my solicitor in the station and we agreed it was probably best for me to not do the interview.


I have since contacted Stop It Now to arrnge attendance on their courses and my GP has referred me to the NHS mental health services as well as prescribing antidepressants for my anxiety and sleeplessness.


Although these are for my own good, I can't help but think they may also help my case if this goes to court. At the risk of losing any vestiges of respect, is there anything more I can do? Also, do they definitely jail people for Grade A offences or is it possible to get a conditional caution / community sentence (depending on numbers found etc.)? Sorry for all the questions in one go!


Thank you again for your time and help.

Expert:  Jo C. replied 3 years ago.
It was definitely the right thing to do not to admit the offence.

Its generally better to do nothing. Its completely contrary to your natural instincts but its usually a better risk management strategy.

The question for sentence will be the number of images found and their level. People do often escape custody though.
Customer: replied 3 years ago.

I thought it might be. I am hoping to escape custody as I feel there is more social stigma attached to that than community sentences. Although none of it really compares to the crime committed!


Thank you for your reply, you have put my mind (relatively) at ease.

Expert:  Jo C. replied 3 years ago.
No problem

All the best.

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