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 Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

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., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice