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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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police taken my computer away says the have found illegal porn

Resolved Question:

police taken my computer away says the have found illegal porn on it how ever I had lodgers staying who used my computer as well.how can I prove they used it as they have now gone.
pls note they took away cameras phones etc there is no such porn on there and I have only used accredit card to down load ADULT sites. they say they found one image of agirl which I can explain and one image of a boy having sex with older women an images of animal porn which I have looked at once 2 years ago. all my computer is open to anyone and any site. the police know I have lodgers. I can prove by my girl friend I stayed at her house majority of the time the police say they don't like my search history which I know nothing about.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me confirm that it was illegal porn, rather than just regular adult content?

Alex Watts :

Please also confirm that you allowed the lodgers to use the computer?

Customer:

confirm my lodgers could use my com any time when I used my com it was on adult sites

Alex Watts :

But it was more than regular hardcore porn?

Alex Watts :

How did the Police come to look at it?

Customer:

the police are looking at what they found on my computer when they took it away

Alex Watts :

Yes but how did they come to look at the computer, what prompted the complaint?

Customer:

I inadvertantely told them there was a beastyality web site on my com I dint know it was against the law if I did iwould havenot told them and told my loders not to look at such sites

Customer:

I hav enever down loaded such sites

Customer:

they took com away as one of my lodgers died in my house suicide

Customer:

my credit card was only used for adult sites

Alex Watts :

Ok - so have you looked at the material?

Customer:

legal sites

Alex Watts :

Indeed - nothing wrong with that

Customer:

not yet not charged yet

Alex Watts :

Have you looked at these indecent images?

Customer:

I hav enever looked at these sites

Customer:

nooooooooooo

Customer:

well once 2 yeasr ago I told them that wssnt for me

Alex Watts :

Ok - then you are not guilty of an offence.

Alex Watts :

Not only would the Police have to prove you downloaded them but also that you looked at them as well.

Alex Watts :

If it had been the case that you had downloaded and looked at them, an offence is made out

Alex Watts :

But you have not, therefore not guilty of an offence/

Customer:

so how do I prove that

Customer:

my down loads are of normal pictures saved to my name

Alex Watts :

You dont have to prove that. The Police have to prove that you did

Alex Watts :

But if its a general computer with lots of users then anyone could have done it

Alex Watts :

The Police need to prove YOU downloaded and YOU viewed

Alex Watts :

You don't have to prove anything

Alex Watts :

Or disprove anything

Customer:

ta I feel better now I suppose if I used a credit card to view this then I woiuld b ein trouble but I havent

Alex Watts :

Yes

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

yes how

Alex Watts :

How what?

Customer:

how can u clarify anything

Customer:

just scared

Customer:

that's all

Customer:

I never looked or downloaded such sites

Customer:

2 years my lodgers were with me

Customer:

now they have done arunner

Alex Watts :

Indeed. I have given the legal position in that you did not download or view the images

Customer:

I hav etried to tell the police this everal times they just ignore me

Alex Watts :

The Police have to prove that you did

Alex Watts :

I can not see how an offence is made out

Alex Watts :

If it goes to Court then they need to prove the above and your own Solicitor/Barrister will be there to argue for you

Customer:

well its on my computer so they think its me

Alex Watts :

Yes but just because they think its you does not mean it was you

Customer:

thankyou

Customer:

so if no credit card used it is difficult to proove

Alex Watts :

That certainly helps you

Alex Watts :

Can I clarify anything else for you?

Customer:

why didn't the police answer my calls I could hav egiven them there forwarding addresses

Alex Watts :

I can't say why they didn't answer your calls.

Alex Watts :

All you can do is be honest and up front'

Alex Watts :

Is there anything else you wish to ask me today?

Customer:

iam have wriiten to them with there names

Alex Watts :

Yes indeed. So that helps you

Customer:

thankyou

Alex Watts :

Does that clarify everything for you?

Customer:

so finally its up to the police to prove I deffinstely looked at the pictures

Alex Watts :

Yes

Customer:

thank you my mind is slightly at rest form this ordeal

Customer:

take care

Alex Watts :

Happy to help. If I could invite you to rate my answer before you go - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and other Law Specialists are ready to help you