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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
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I have a friend that has been put on the sex offenders register

Resolved Question:

I have a friend that has been put on the sex offenders register when he had no knowledge of the items found in his home, as they were placed their by a Irish police informant, the police took 18 months to charge him, and in that time the cps refused the charge 3 times until a letter was included from a senior police officer. The judge on the day actually told my friend that no fees would be charged and that if he had not pleaded guilty (his lawyer told him that as it was found in his house he had to plead guilty, or he would get a custodial sentences he was lambasted for 10 minutes before he entered the court room)
He has been to solicitors but can't get any help what can he do to clear his name?
He is guilty of trying to help people and being a mug, as his house is like a junk shop, it can only be with prior knowledge that anyone could find offensive photos within a 10 minute period. the photos were downloaded from the internet which he does not have,they weren't on a computer. He has proof that the material was planted as do the police but a innocent man is living in hell, even the judge agreed that he had no knowledge of the material and therefore did not charge any court costs.
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.
What would you like to know about this please?
Customer: replied 2 years ago.
Who do we talk to to get the sentence overturned?
Expert:  Jo C. replied 2 years ago.
On what basis?
What specifically about the sentence ? Addition onto the register is mandatory for some offences.
Customer: replied 2 years ago.
He was pressurised to plead guilty, when he was innocent the judge did not sentence him to sign the register as he accepted that he knew nothing about the materials found in his house.
The evidence was two photos and a 10 second video clip of a young boy involved in a sexual act.
How can he get the sentence reminded, the police have the evidence that he is innocent yet he is being persecuted to the point that social services took one of my friends child into care, but once she went to see a solicitor, it was proved that the social services had no evidence and the child was returned to his mother within days.
The social services have now gone to see my children and they have had to sign a contract so that my grandchildren have now no contact with him,
This whole thing is getting out of control, I was at the court and heard the judge, state that he accepted that he new nothing of the materials,
The person who planted the material is a police protected person
Expert:  Jo C. replied 2 years ago.
Well, that might be right.
But if he pleaded guilty to a prescribed offence then he can only be added to the register. It is mandatory. The Judge doesn't have to order it and has no power to prevent it.
If he has pleaded guilty to a sexual offence involving young children then that is going to attract the interest of social services I'm afraid.
The difficulty with this, Im afraid, is that you are predicating your concerns on the basis that he is innocent and the problem is that he has pleaded guilty. As far as the law is concerned he is guilty.
If he is saying that he wants to get the plea vacated then he can make an application to do that although it is hard to do. The fact that he doesn't like the sentence is not a basis. Judges very rarely do vacate pleas. You do need to bear in mind that all of his instructions hitherto will be laid before the court and that is obviously not something that every defendant can stand.
If he has pleaded to get a better sentence whilst maintaining a denial of the offence then that is something he can do but he cannot thereafter maintain innocence I'm afraid.
He can appeal a sentence on the basis that it is manifestly excessive but that is not what you are describing here. You are describing concerns about the ancillary orders which is not an appeal point for the Court of Appeal.
Sorry but i can only give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
He was threatened into pleading guilty, the police had entered his home on a warrant to take a computer that he did not have, that evidence was planted, he is an old man who tried to help someone, but her x partner was a nutter who beat her and him up, yet he is the one that was arrested, the nutter even came to my house and bragged what he had done, telling me that the police would do as he wanted as they can't touch him.
An innocent person is suffering,and now my grandkids have been dragged into this mess and nothing can be done?
Expert:  Jo C. replied 2 years ago.
Not if he pleaded guilty.
These prosecutions are horrible for innocent people but the problem is that you cannot argue that you are innocent if you plead guilty.
Customer: replied 2 years ago.
So there is nothing that can be done? No chance of going back to court for a retrial?
If we took the police to court ?
Expert:  Jo C. replied 2 years ago.
Not beyond the options I suggested above.
I know there are false allegations. I know that sexual offences have a much higher rate of false reporting than every other offence despite what the media would like to suggest.
The problem though is that he has pleaded guilty.
Customer: replied 2 years ago.

hi

We are going to get the transcript from the court, as we cant get a retrial, can we take the Police to court they have information that proves he is innocent,( as do we).

The search warrant was gained with untrue information, and one PC has got a personal vendetta " he stated that the truth is unimportant when dealing with people like you"

Where can we turn for help?

Expert:  Jo C. replied 2 years ago.
None of that is going to make any difference because he pleaded guilty.
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