How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have been asked by someone I know, i have been told he ha

Customer Question

I have been asked for advice by someone I know, i have been told he has a habit of taking drugs and viewing illegal content online. I have advised he needs to stop the drugs and viewing illegal content online. He has listened to me but is constantly worried about getting in trouble because of his actions regarding viewing illegal content online. What can i advise him.
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 :

What type of content is being used please?

Alex Watts :

viewd

Alex Watts :

Is it your friend that has been watching the content?

Alex Watts :

Does he live on his own, ie is the computer he is using shared?

JACUSTOMER-mge6h4z6- : Hello Alex yes he is a friend of a friend originally. I do believe he lives in a house share.
Alex Watts :

Ok, does he use his own computer?

JACUSTOMER-mge6h4z6- : I'm not sure I have not been to his house before
JACUSTOMER-mge6h4z6- : Will he get into trouble with the law?
Alex Watts :

Depends on what the illegal content is

JACUSTOMER-mge6h4z6- : He has told me but not sure I want to repeat it?
JACUSTOMER-mge6h4z6- : Is it safe to discuss his issues with you
Alex Watts :

Well it is public

Alex Watts :

Porn?

JACUSTOMER-mge6h4z6- : Yes
Alex Watts :

But regular adult, not kids or animals?

JACUSTOMER-mge6h4z6- : It is not regular porn
Alex Watts :

Ok - what sort?

JACUSTOMER-mge6h4z6- : More on the lines of what you just suggested
JACUSTOMER-mge6h4z6- : Not regular adult
JACUSTOMER-mge6h4z6- : But the other things you said
Alex Watts :

Ah ok. Well it wont affect your friend as long as he is not looking at it

Alex Watts :

It would affect your friends friend who is looking at it

JACUSTOMER-mge6h4z6- : I understand but he has become my friend now
JACUSTOMER-mge6h4z6- : And he is very worried about his actions I want to help him become a better person.
JACUSTOMER-mge6h4z6- : I have helped him stop drugs
Alex Watts :

Ok. Is it his own computer he is using

JACUSTOMER-mge6h4z6- : I believe it could be
JACUSTOMER-mge6h4z6- : ?
Alex Watts :

OK. Well it is a criminal offence .

Alex Watts :

Clearly there is very little you can do.

Alex Watts :

If you tell the Police they are likely to go round and prosecute especially if its kids

Alex Watts :

Council wont get involved as its a criminal offence.

Alex Watts :

I dont know whether the Police would just issue a warning, they may if it he is not involved in the abuse,

Alex Watts :

But there is a real risk they would prosecute.

JACUSTOMER-mge6h4z6- : what could the prosecution be?
JACUSTOMER-mge6h4z6- : And is it ok I am having this discussion with you online?
Alex Watts :

Yes its fine.

Alex Watts :

The two main offence provisions in this area are section 1 of the Protection of Children Act 1978 (PCA 1978) and section 160 of the Criminal Justice Act 1988 (CJA 1988).

Alex Watts :

But possession of indecent images law can be found here:

Alex Watts :

http://www.cps.gov.uk/legal/h_to_k/indecent_photographs_of_children/

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-mge6h4z6- : he has been viewing the content online only and nothing else.
Alex Watts :

Ok - its still an offence

JACUSTOMER-mge6h4z6- : Of course
Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-mge6h4z6- : yes I want to understand what potential trouble he could get into?
Alex Watts :

Custody.

Alex Watts :

Many cases on this at the moment. The CPS guidelines will give you details on that

JACUSTOMER-mge6h4z6- : Could you tell me please
JACUSTOMER-mge6h4z6- : Could he go to prison
JACUSTOMER-mge6h4z6- : ?
Alex Watts :

Yes. Ranges from 26 weeks to 6 years

Alex Watts :

http://www.sentencingcouncil.org.uk/wp-content/uploads/Final_Sexual_Offences_Definitive_Guideline_content_web1.pdf

Alex Watts :

Page 75

JACUSTOMER-mge6h4z6- : What are his chances
Alex Watts :

I can't say because I know how how much he has seen, what type of content and the extent.

Alex Watts :

So would be unfair of me to say.

Alex Watts :

But from what you have said he does face a real risk of custofy

Alex Watts :

* custody *

Alex Watts :

If its just basic images the range is Community order to 26 weeks

Alex Watts :

If its images involving non pentetration sexual activity its up to 18 months.

Alex Watts :

Other cases involving sexual penetration its up to 3 years.

Alex Watts :

Does that clarify?

JACUSTOMER-mge6h4z6- : I understand
JACUSTOMER-mge6h4z6- : What should I advise him
JACUSTOMER-mge6h4z6- : ?
Alex Watts :

To stop it

JACUSTOMER-mge6h4z6- : I believe he has
Alex Watts :

If he has and deleted all images and does not view it then he should be ok

JACUSTOMER-mge6h4z6- : He didn't have nothing to delete, I believe he was just going on the Internet and viewing not downloading
Alex Watts :

Ok. Then he may want to get himself a new hard risk to make sure there is nothing on his old one

JACUSTOMER-mge6h4z6- : How comes?
Alex Watts :

Because old data can be recovered

JACUSTOMER-mge6h4z6- : What he has viewed
Alex Watts :

Yes

Alex Watts :

Even though its deleted it can be recovered so he should get a new hard drive and throw out the old one

Alex Watts :

To make sure

JACUSTOMER-mge6h4z6- : Ok but as it stands and from what I have told you is he in trouble?
Alex Watts :

Yes just viewing child porn IS illegal

Alex Watts :

Adult no. Child yes

JACUSTOMER-mge6h4z6- : Yes I agree I understand that
Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-mge6h4z6- : Yes
JACUSTOMER-mge6h4z6- : You said he should be ok
JACUSTOMER-mge6h4z6- : if he stops
Alex Watts :

If he stops and makes sure he changes his hard drive

Alex Watts :

No evidence then

JACUSTOMER-mge6h4z6- : If he doesn't change his hard drive?
Alex Watts :

If the Police for whatever reason seize his computer and examine it they may find his browsing history etc

JACUSTOMER-mge6h4z6- : What are the chances of that happening
Alex Watts :

I dont know

Alex Watts :

I can't say why they would examine it

Alex Watts :

It would be wrong of me to give a %

JACUSTOMER-mge6h4z6- : Alex is it ok having this conversation online
JACUSTOMER-mge6h4z6- : Will I are anyone else get into trouble
Alex Watts :

This is a public website so everyone can see what is being said, but you have not post any personal information so that is ok

JACUSTOMER-mge6h4z6- : Will I or any else get into trouble because of this discussion
Alex Watts :

Once you rate my answer I can get the thread removed so its no longer visible.

JACUSTOMER-mge6h4z6- : And this uk law correct
Alex Watts :

Yes

JACUSTOMER-mge6h4z6- : So I am clear what to advise.
JACUSTOMER-mge6h4z6- : aslong as he stops
JACUSTOMER-mge6h4z6- : He should be ok
Alex Watts :

Yes.

JACUSTOMER-mge6h4z6- : Hard disk?
Alex Watts :

Try to get it changed just to be sure

JACUSTOMER-mge6h4z6- : And the outcome
Alex Watts :

Of what?

JACUSTOMER-mge6h4z6- : What could it be if he does get found that he was just viewing illegal content online
Alex Watts :

I have outlined above what the possible sentences are. Do you need me to repeat that again for you?

JACUSTOMER-mge6h4z6- : Yes please
Alex Watts :

http://www.sentencingcouncil.org.uk/wp-content/uploads/Final_Sexual_Offences_Definitive_Guideline_content_web1.pdf

Alex Watts :

Page 75

Alex Watts :

If its just basic images the range is Community order to 26 weeks

Alex Watts :

If its images involving non pentatration sexual activity its up to 18 months.

Alex Watts :

Other cases involving sexual penetration its up to 3 years.

JACUSTOMER-mge6h4z6- : Just give me quick summary
Alex Watts :

See above

JACUSTOMER-mge6h4z6- : does this go for other content aswell
Alex Watts :

Other content such as?

JACUSTOMER-mge6h4z6- : Can I say
JACUSTOMER-mge6h4z6- : Will I get into trouble
Alex Watts :

If you haven't viewed it then no

JACUSTOMER-mge6h4z6- : Animal
JACUSTOMER-mge6h4z6- : Incest
JACUSTOMER-mge6h4z6- : Just want to get my facts right
JACUSTOMER-mge6h4z6- : So I can but everything into perspective for him
Alex Watts :

Again up to around 6 months or so

JACUSTOMER-mge6h4z6- : So I can put put everything into perspective for him
Alex Watts :

But could be more, up to about 2 years

JACUSTOMER-mge6h4z6- : Ok
Alex Watts :

Can I clarify anything else for you today please?

JACUSTOMER-mge6h4z6- : Will anything come about this conversation
Alex Watts :

Once you rate I can delete it

Alex Watts :

So no

JACUSTOMER-mge6h4z6- : Ok but will I still be able to view it
Alex Watts :

Once it is removed no.

Alex Watts :

When you rate you can view it

Alex Watts :

Then tell me when you want it deleted

Alex Watts :

Once you rate the format changes so you can print it of

Alex Watts :

* off *

JACUSTOMER-mge6h4z6- : Ok just leave it for now
Alex Watts :

Ok - can I ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

JACUSTOMER-mge6h4z6- : But could anything come about this conversation even if it isn't deleted
Alex Watts :

No, because you have not given any personal information (and please don't)

JACUSTOMER-mge6h4z6- : Are you saying please don't because of this conversation
Alex Watts :

Yes. Don't give any personal details as this is a public website and this thread can be viewed

JACUSTOMER-mge6h4z6- : But what's the worst that can happen just so I know
Alex Watts :

The Police find out who it is, go and arrest them, examine the hard disk, charge the person and he goes to prison

Alex Watts :

That is the worst that can happen

JACUSTOMER-mge6h4z6- : What's the chances of that happening
Alex Watts :

I am not an IT expert

Alex Watts :

I don't know if MI5 or the Police are looking at this

Alex Watts :

I dont know

JACUSTOMER-mge6h4z6- : Ok
Alex Watts :

Can I clarify anything else for you today at all?

JACUSTOMER-mge6h4z6- : Thank you for help I have just explained the my discussion with you to him. He says thank you for your help and has said to me that the drugs he was taking made him paranoid.
JACUSTOMER-mge6h4z6- : And experiencing hallucinations
JACUSTOMER-mge6h4z6- : I said the best thing to do is stop taking drugs.
JACUSTOMER-mge6h4z6- : I have explained to him what is legal and what is ilaga
JACUSTOMER-mge6h4z6- : I have expained to him what is legal and what is illegal from what you have told me.
Alex Watts : Ok thanks. If I could ask you to rate my answer please so that I am credited for my time
JACUSTOMER-mge6h4z6- : Hello Alex
Alex Watts : You have rated bad service despite spending. 2 hours together?
JACUSTOMER-mge6h4z6- : I have just logged on and noticed I have given you a bad service
JACUSTOMER-mge6h4z6- : This was a mistake forgive me
Alex Watts : Could you please correct that now. I would be grateful.
Alex Watts : if you could click ok, good or excellent thank you
JACUSTOMER-mge6h4z6- : Yes you have given me a excellent service, I have just finished telling my friend that you advised that he should be ok
JACUSTOMER-mge6h4z6- : is this the correct advice I should be giving him
JACUSTOMER-mge6h4z6- : ?
JACUSTOMER-mge6h4z6- : Hello
Alex Watts : Yes.
Alex Watts : does that clarify?
JACUSTOMER-mge6h4z6- : So he should be ok, and will not get into any trouble from what I have told you
Alex Watts : Yes
Alex Watts : correct
Alex Watts : If could now rate I would be very pleased and wish you a good Sunday
JACUSTOMER-mge6h4z6- : Ok thank you. I mentioned to him that you could permanently delete this conversation and he said yes.
Alex Watts : Ok. I can only do that when you rate please.
JACUSTOMER-mge6h4z6- : Ok
Alex Watts : thanks
JACUSTOMER-mge6h4z6- : I did mention to him that you did say someone could be looking at this and he could get into trouble
JACUSTOMER-mge6h4z6- : And know he is panicking
Alex Watts : Ok. Which is why you need to rate so I can remove it
Alex Watts : well as soon as you rate I can remove it.
JACUSTOMER-mge6h4z6- : does he need to panic
JACUSTOMER-mge6h4z6- : What shall I tell him
JACUSTOMER-mge6h4z6- : Alex
Alex Watts : I don't know what to tell you. If you had rated this morning I could have removed it.
Alex Watts : but it's now 6,42pm and the thread is still available online for everyone to see
Alex Watts : But you have not provided me his name or where you live so it should be ok.
JACUSTOMER-mge6h4z6- : Ok
JACUSTOMER-mge6h4z6- : Thank you for all your help
Alex Watts : Ok. Please rate so I can remove it for you
JACUSTOMER-mge6h4z6- : he has asked if you could permenentley delete this conversation
Alex Watts : Yes once you rate
JACUSTOMER-mge6h4z6- : Ok
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hello, I am no longer friends with the person that I asked the question for. He told me that he was joking.
Expert:  Ash replied 2 years ago.
Ok. Thanks for the update.
Alex
Customer: replied 2 years ago.
As I paid for the question I have asked for the money back from him and he would not give it to me, can he do that? And why would he lie to me I don't understand.
Expert:  Ash replied 2 years ago.
You could sue him, but that would be a new question sadly.
Alex
Customer: replied 2 years ago.
I have just told him that I don't want anything to do with him. He has wasted both my time and your time because he lied about everything.
Expert:  Ash replied 2 years ago.
Indeed.
Alex
Customer: replied 2 years ago.
What do you mean indeed?
Expert:  Ash replied 2 years ago.
I agree, wasted your time and mine.
Alex
Customer: replied 2 years ago.
Thank you for your time Alex.
Customer: replied 2 years ago.
Hi Alex I just wanted to say thank you for your time. As I said before I have just told him that I don't want anything to do with him. He has wasted both my time and your time because he lied about everything.
Expert:  Ash replied 2 years ago.
Thank you for the question.
Customer: replied 2 years ago.
Thank you for your reply it was a waste of both my time and your time because he lied about everything do you agree?
Expert:  Ash replied 2 years ago.
I agree,l
Customer: replied 2 years ago.
You said I agree and then a comma and then I.
Expert:  Ash replied 2 years ago.
I agree. Just that nothing more.
Alex