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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70401
Experience:  Over 5 years in practice
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My son has been charged with being in possession of 5 indecent

Customer Question

Hi, my son has been charged with being in possession of 5 indecent photographs/pseudo photographs of one child aged 15.
CCCJS Code CJ88115, and is due to appear at magistrates Court in 1 month's time. No solicitor has been involved, and he has been on police bail bail for 26 months.
What does this mean - will he receive a custodial sentence.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has he admitted the offence?
Customer: replied 1 year ago.

Yes

Customer: replied 1 year ago.

He didnt really have a choice as they were sent to him via facebook, so the record is there.

Expert:  Jo C. replied 1 year ago.
What are the level of the images?
Customer: replied 1 year ago.

All I know, from the charge sheet is as follows;

Legislation: Contrary to section 160(1), (2A), and (3)

Expert:  Jo C. replied 1 year ago.
Ok.
Do know what the images depict?
How did he come by them?
Customer: replied 1 year ago.

Fully naked, no sexual acts

Images sent by person, unknown at the time , to my son, who then deleted them within 24 hrs.

Expert:  Jo C. replied 1 year ago.
Did he know how old she was?
How did he come by them? Are they alleging grooming?
Customer: replied 1 year ago.

Not at the time, sent via Facebook. Grooming - I don't think so

Expert:  Jo C. replied 1 year ago.
Did he meet her solely on Facebook?
How old is he?
Customer: replied 1 year ago.

She made the contact, he was 19 at the time

Expert:  Jo C. replied 1 year ago.
I'm sorry if I'm missing the point but I'm not sure he is guilty.
If these photographs were sent to him without his request and he deleted them within a reasonable time then it seems to me that he has a defence under S160[2]
Also, if he didn't know her age then it seems that it goes to legitimate reason.
I suppose I haven't had full vision of the case but then neither has anybody else because he didn't use a solicitor.
In terms of sentencing, you are describing level C images and they are small in number and so is not a young child. I would expect a community order but it will also carry registration upon the sex offenders register, probably disqualification from working with children and maybe a sexual offence prevention order.
There will also be costs.
I wouldn't get him to plead without proper advice though.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Is it too late to bring a solicitor in

Expert:  Jo C. replied 1 year ago.
No.
The only issue will be that he may well have said something contrary to interest in interview which a solicitor would have stopped.
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, ***** ***** now got a solicitor involved.

Expert:  Jo C. replied 1 year ago.
No problem.All the best