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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Im registered depressed and under medication and have been

Resolved Question:

Hi im registered depressed and under medication and have been for the past three years .. under this may have downloaded images which i shouldnt have.. I however had no intention of distributing nor have i ever been involved in its distribution or any type of exploitation whatso ever.. Im on a high dose of prozac which often affects my moral judgement on occasions and as a result i have inadvertently accessed things i shouldnt have.. I was actually in the process of removing all these as i know this is wrong , I have managed to delete half of it before my pc equiptment was seized... i understand that what has happend is wrong.. Prior to this medication i would never dare do this i know morally this is wrong however a lapse of moral judgment has lead to this... There is no evidence of explotation no has there ever been an intention to either.. For my own infromation i need to know what i can do as i know in my full capacity this would have never happened
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Have you been diagnosed as not having capacity?
How were you found out?
Alex

Customer: replied 1 year ago.
Hi no i havent been yet.. I have been diagonsed with depression for the last 3 years and currently on 40mg of fluxoetine and have been on this dose for the last year.This can be confirmed by my GP. I had police attend my houses today and seize all equiptment in the house thats all.. I wasnt doing anything with it at all..there is no signs of explotation what so ever no was it my intention. I just downloaded things i shouldnt have .. thats all
Expert:  Ash replied 1 year ago.

Depression is not enough, you need to be deemed not to have capacity.

What would you like to know about this today please?

Customer: replied 1 year ago.
Well what can i do? Its acase of download thats all.I havent done anything wrong.Im worried naturally .And i need to what my options are
Expert:  Ash replied 1 year ago.

The Police will either:

1) Take no action

2) Charge you

You may be offered a caution if you have no previous convictions. But given the circumstances you may be entitled to legal aid. If you can show that you did not have capacity at the time then you may have a defence.

But at this stage the options are the Police will either take no action or charge you.

If you have not done anything wrong then the Police are unlikely to charge you.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Thats all thanks.. i was just concerned about the implications this may have. No i have no previous convictions.. i dont even have a parking ticket...When you say not doing anything wrong... When something has been merely been downloaded thats all.. Not distributed or anything... does that fall into that category?
Expert:  Ash replied 1 year ago.

No. Downloading is enough, but that is a far lesser category

Can I clarify anything else?
Alex

Customer: replied 1 year ago.
thats all thank you
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

Customer: replied 1 year ago.
One last thing should i speak to the police now and tell them of the series of events or should i just leave them to continue their investigation?
Expert:  Ash replied 1 year ago.

I would wait, you dont want to rush it

Does that clarify? ALex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you