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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70699
Experience:  Over 5 years in practice
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This happened five years ago but I still Wonder about it. I

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This happened five years ago but I still Wonder about it. I was charged with downloading and making indecent pictures of children. I pleaded guilty but did a no-comment interview. The Magristrates Court forwarded my case to the Crown Court and I went for a pre-sentence report with the Probation Officer. I had been advised by solicitor so I told the PO everything. I was not informed that what I said would be given to the prosecution and the judge during my trial. Had I been so warned I would have been more careful in what I revealed to the PO. Did the PO behave correctly in not informing me that what I said would be /could be given to the court? Where is the point of a no-comment interview if this can happen? I received nine months .
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.
The point of a no comment interview is to avoid admitting the offence or saying something contrary to interest.
I am sorry and I realise you might not have understood but you are informed that the contents of the tape will be used in evidence. It is in the words of the caution. "You do not have to say anything but if you fail to mention now something which you later rely on in court. Anything you do say may be taken down and used in evidence against you." Those words begin every interview under PACE.
I'm very sorry.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Sorry perhaps by using the abreviation PO you thought I meant Police Officer, but no, I mean the Probation Officer when I was giving a pre sentence report interview. Should I not have been told that what I was say to the probation oficer would be given to the court?

Expert:  Jo C. replied 2 years ago.
I am sorry but I'm afraid not.
Anything you say to a Probation Officer will be used to compile a pre sentence reported ordered by the court.
There is no obligation to further warn you I'm afraid.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your help. It doesn't matter now really, and it's something less to chew over . Perhaps my solicitor should have advised me better.

Expert:  Jo C. replied 2 years ago.
It isn't something I ever advise upon specifically.
I had always presumed that people would understand that such a report was not confidential.