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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 782
Experience:  Solicitor with over 15 years experience.
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Hello My fiancee was arrested in June 2013 for holding indecent

Resolved Question:

Hello
My fiancee was arrested in June 2013 for holding indecent images of children. My fiancee suffers with anxiety and mild autism. He fixates on certain things such as an article in the news...he googled the topic when the Jimmy Saville case came to light as he could not understand how such images were so readily available to pedophiles. He is not a pedophile and did not do it for a sexual interest or anything like that. He was merely trying to make sense of the world and a spur of the moment action where he lost common sense. The policy on the initial search of the computers only found 36 images. They bailed him for 4 months until October with certain conditions. October came around and they bailed him again; this time for 6 months. When this time was up they bailed him again...for 4 months. That time is up Sept 1st however we had a phone call yesterday to advice that his case has still not been looked at and they are to bail him again today for another few months. How much longer can the police do this? It is having an immense affect on him. He suffers with severe anxiety and being on bail for so long is really taking its toll.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this. The reason for downloading images is irrelevant to whether an offence has been committed. If they have been downloaded there is an offence. However, the very low number of images and the reason for them being there will be relevant to how serious the offence is and possibly whether it is in the public interest to prosecute.

LondonlawyerJ :

Can you just let me know how the police came to discover the images on the computer? Also has your fiancee got any previous convictions and is he assisted by a solicitor at present? I will be on and off this site today around work commitments but will look again later today.

Customer:

Hello. I believe Talktalk (our previous internet provider) advised them of the search. No he does not have any previous convictions. He is a manager of a local football club and is well rated in the community. He is not assisted by a solicitor at present as he is still on bail. The duty solicitor is there every time he visits however. How long can the police keep re-bailing him? Does the length of bail have an impact on the outcome? The fact the computers haven't even been looked at yet sounds like they are not classing it as high priority?

LondonlawyerJ :

I am glad to hear he has the help of the duty solicitor. The duty solicitor is a real solicitor and will probably know what he is doing. There is no limit to the length of time that he can be on police bail. This is a power that is often abused by the police but you should think very carefully before doing anything about it. If you make a fuss then the police may do something you don't want like charge your fiancee. It may be best to let sleeping dogs lie. The longer it takes for them to do anything then the more likely it is that they will do nothing, eg the more likely it is that the file will get lost or that an officer will not want to take responsibility for it. Your fiancee should talk to his solicitor but I would be amazed if he said that anything should be done other than letting the police take as long as they like over it.

LondonlawyerJ, Advocate
Category: Law
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Experience: Solicitor with over 15 years experience.
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