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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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HelloI would like some of your advice please. I am extremely

Customer Question

Hello
I would like some of your advice please. I am extremely stressed and worried and need as much information as you can give me. My fiancee was arrested on 20/06/2013 for having indecent images n his computer. The police came that day out of the blue with a search warrant and took all of our computers, laptops etc away. They came back later that day and arrested him and he was interviewed and bailed for 4 months. He has been bailed over and over for 16 months. The duty solicitor put a complaint in and he finally had his 2nd interview on Thursday this week. Originally back in June when he was arrested they found 36 images on the computer, in the cache, nothing was saved. AFter the technical team have completed their research it appears there is now 700 images. They have told me that nothing was downloaded or saved; all the images are in the temporary internet files and they also explained that when a scan etc is run on a computer and a restore point is created then these images duplicate.The police have re-bailed him until 19th December as it has been referred to the CPS to decide whether he will be charged and it goes to court. The reason he had these images was because he suffers with severe anxiety and has recently been diagnosed with mild autism. He watches a news article and normal people feel sad and think about something else once the news has finished. My fiancee can't - things that happen in the world keep him awake at night, he gets stressed over the state of the world and when there was a lot of news on paedophiles and indecent images etc he coukdnt understand how these things were made so redily availble on the internet and in a moment of no common sense he searched for it, he never scrolled down the page to view the images, he physically saw only a view and he was disgusted. He is so sorry and it is eating him up. He did not do this for sexual pleasure, he was mortified wth what he what he saw. He is not a well man and this is killing me with the stress. We are so worried he wll go to prison for this. He has no previous convictions, he is well known in the community as he runs an adult football club. I support him 110% and believe him with what he tells me. I know him better than anyone and I know he did not do this for pleasure. Please offer me advice. Will this go to court? Do they have enough evidence to charge him? Can his autism and anxiety count towards mitigating cirsumstances? please help us.
Many Thanks. I look foward to hearing from you.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

Can y tell me what sort of images? Are these what in adults would be called soft or are are we talking about hard core images depicting penetration and/or images depicting violence. The nature of the images makes a big difference to likely sentence.

Customer:

His mental health is relevant indeed certainly to mitigation. The CPS will only charge if there is sufficient evidence and it is in the public interest to charge. It sounds like the evidential test would be met. Your partner sounds like he is in a similar Pete Townshend who downloaded indecent images of children for similar reasons and was not prosecuted.

Customer:

I will be off this site for a while but will look again later today.

JACUSTOMER-tebymtkk- :

I believe there is a mixture of images. originally it was mainly level 1 2 and 3 with 1 video of a level 5. however with there now being over 700 images we believe there is a mixture of all levels. he has not seem these images- they were located in the temporary internet files. nothing was saved or downloaded. He just could not understand how these images were so availble and in a moment of stupidty he googled it without thinking of the consequences. will the cps take this to court? what is the liklihood of caution or being released without charge?

Customer:

This is the sentencing guideline for this offence. As you can see, if charged there is a risk of custody. http://sentencingcouncil.judiciary.gov.uk/docs/Final_Sexual_Offences_Definitive_Guideline_content_(web).pdf

JACUSTOMER-tebymtkk- :

Yes i have seen this before.my question was based on what i have told you how likely is it that the cps will take this to court and how likely is it that he will be prosecuted based on the information i have told you?

Customer:

They have the evidence to charge the only question is whether they decide it is in the public interest to prosecute. Follow this link to the CPS anf look at the public interest stage. http://www.cps.gov.uk/publications/code_for_crown_prosecutors/codetest.html

Customer:

It is simply not possible to say whether they will or not prosecute here. Your fiancee is in the grey area where they might prosecute and might not prosecute.

JACUSTOMER-tebymtkk- :

I have had a look at the link - thank you. Would you say anything goes in his favour? - such as he hasnt daved or downloaded the images and they are simply in the temporaray internet files and 90% of images were not even seen by my fiancee and he wasnt aware they were even there, the fact that he has autism and anxiety will that go in his favour? if you were to defend him in court what would your defence be for him?

Customer:

All those factors would be relevant to the decision. Also 700 is a small number of images in cases like this. He has downloaded (as far as the courts are concerned) them if they are in the internet cache.

Customer:

I don't think there is a defence if the prosecution decide to charge as his intention in obtaining the images is not a defence.

JACUSTOMER-tebymtkk- :

Okay. I was thinking that 700 was a lot but I suppose in these cases it isn't. Is there any chance at all you think this will not go to court? Could they fine him or caution him instead or is this not likely given the seriousness of the offence? will he have to sign the sex offenders register and for how long will he be on this?

Customer:

I don't think that I can add anything to the answers above. He may or may not be charged.

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