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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70206
Experience:  Over 5 years in practice
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My daughter is pregnant and her partner was reported anonymously

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my daughter is pregnant and her partner was reported anonymously for making kiddie porn which is totally untrue he is on police bail for 6 weeks but in the meantime she has been contacted by social services to see if she would protect her child which of course she would if the allegations were true and she has now had a letter from them saying she needs to sign a working agreement or they will take the child in to care when it is born she is very upset and i want to know how long it will take the police to check his phones, laptop etc and realize it is just someone being vindictive
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am sorry but it is not always a very quick thing. It depends on the amount of work in the area.
I have known people spend over two years on bail although, in fairness, that has been heavily criticised and they are making improvements now. The major problem though is just that they have more allegations than resources.
It is to be hoped it would be done by the time of his bail back date but I would brace yourself for another bail back if the intention is to examine forensically his laptop and phones.
I am sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

are people with a grudge against someone allowed to make accusations and if it is in this nature can the police just go to someones house and search it without a warrant

Expert:  Jo C. replied 2 years ago.
Well, people shouldn't do that but they do it all the time. That is the real reason the rape conviction rate is low. It is nothing to do with attitudes. It is to do with the fact that there is a very high rate of false reporting compared to normal crime. The reality is that it is difficult to prove that a person has lied and always possible to come up with some public interest excuse to avoid prosecuting them.
The police are free to search a property under S18 PACE following an allegation of this nature. They don't need a warrant.
Customer: replied 2 years ago.

does she have to sign this working agreement and does the social services have any right to take her baby into care. they are the most perfect couple and do you think he should have a solicitor when he goes to answer to his bail

Expert:  Jo C. replied 2 years ago.
No, but if she does not social services will perceive that adversely and probably try to remove the child.
It isn't a good idea to refuse to engage with social services.
Please tell me that he did accept the solicitor he was offered in interview? being interviewed unrepresented would have been a mistake.
Customer: replied 2 years ago.

he didnt because he thought if he said he wanted a solicitor it would look like he was guilty which he isnt

Expert:  Jo C. replied 2 years ago.
That was a mistake I'm afraid.
There is no way around it.
This should have been a no comment interview with maybe a prepared statement but he will have offered a full comment.
Solicitors should never be refused especially with innocent suspects.
At the very least, he would know more about the evidence against him now.
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