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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3246
Experience:  Solicitor
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I have been charged with a offence under section 15. I am

Customer Question

I have been charged with a sexual offence under section 15. I am denying this, and will plead guilty in my first hearing at magistrate court in few weeks time. As definition of the offence states; the person should reasonably believed the other person is not older than 16 age.I have few questions;
(1) Reason of my NOT GUILTY plea; in the chat logs; I have stated in number of times that profile is not real, and I believe the person is much older. When I went to meeting, (due to curiosity; who is this) I was comforted by a vigilante group. I have explained this in police interview that I have not believed at any point the person was less than 16 years old. I was shocked when I have charged with this offence, despite my genuine interview with police! How strong defense I have you think? Do I have a case to answer, if it comes to it and CPS does not drop the case?
(2) I have been told that I will be given a TRIAL date when I give NOT GUILTY plea at Magistrate court. Is there anything can be done in between try to convince CPS or Crown Court to drop the case? Can you give me some advice, what can be done? Contacting to a barrister and write a REPRESENTATION letter to CPS to reconsider the case after my plea?
(3) Anything can be done at Magistrate Court, by talking to CPS prosecutor or will I have any chance to put my points to Magistrates in my first hearing?I appreciate for detailed responses for each point.
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
Sorry, in my first paragraph, I meant - "I will plea NOT GUILTY". :)
Customer: replied 7 months ago.
Expert:  Jamie-Law replied 7 months ago.

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

You said in your first sentence you deny it but are pleading guilty?
What are you doing?

Customer: replied 7 months ago.
On my second note, I have corrected my typo.I will plea NOT GUILTY.
Expert:  Jamie-Law replied 7 months ago.

What is the exact offence please?

Customer: replied 7 months ago.
Attempt Meeting a child following sexual grooming
Expert:  Jamie-Law replied 7 months ago.

Why did you go then? I dont understand why you were curious? Did you talk about age? I assume you met someone online?

Customer: replied 7 months ago.
I was curious as the initial chat started on a 18+ gay/bisexual app, which I am not out publicly as bisexual, and I thought this person knows me and kidding with me - as the person keep telling untrue things about himself.Yes, age mentioned at the beginning.What do you mean by "I assume you met someone online?"
Expert:  Jamie-Law replied 7 months ago.

(1) Reason of my NOT GUILTY plea; in the chat logs; I have stated in number of times that profile is not real, and I believe the person is much older. When I went to meeting, (due to curiosity; who is this) I was comforted by a vigilante group. I have explained this in police interview that I have not believed at any point the person was less than 16 years old. I was shocked when I have charged with this offence, despite my genuine interview with police! How strong defense I have you think? Do I have a case to answer, if it comes to it and CPS does not drop the case?

No, that is not enough. It is not enough that the profile is not real. If you did not attempt to meet. If you asked about age and they said they were under 18 then it could be an offence. The CPS would have to show that you were grooming and attempted to meet. It makes no difference whether or not you believed they were really under 18 if they say they did. If the profile is fake, that does not mean the offence will be dropped.
(2) I have been told that I will be given a TRIAL date when I give NOT GUILTY plea at Magistrate court. Is there anything can be done in between try to convince CPS or Crown Court to drop the case? Can you give me some advice, what can be done? Contacting to a barrister and write a REPRESENTATION letter to CPS to reconsider the case after my plea?

Yes, what will happen is if you plead not guilty, it will be decided whether it can be heard in the Magistrates or Crown Court. if it is the Crown Crown Court you will be given a date to be bailed there for a first hearing. At that first hearing you may be given a trial date. If it is in the Magistrates Court and you plead not guilty then you will be given a trial date.

There is nothing you can do at this stage except for prepare for trial. You would get representation and ask the CPS to reconsider the matter, but in reality they will probably proceed with it.
(3) Anything can be done at Magistrate Court, by talking to CPS prosecutor or will I have any chance to put my points to Magistrates in my first hearing?

You can talk to the prosecutor yes. But there is no point speaking with the Magistrates as they have NO part in the prosecution whether it continues.

Can I clarify anything for you about this today please?

Customer: replied 7 months ago.
Regarding to point one; you said: "it makes no difference whether or not you believed they were really under 18 if they say they did."I am quite shock with that; as clearly it shows you have not checked the offence definition. Offence definition says;Meeting a child following sexual grooming is a crime, even if no sexual activity takes place. It can be committed by males and females. It is defined in England and Wales by section 15 of the Sexual Offences Act (2003):
“A person aged 18 or over (A) commits an offence if –
(a) A has met or communicated with another person (B) on at least two occasions and subsequently –
(i) A intentionally meets B, or
(ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or
(iii) B travels with the intention of meeting A in any part of the world, and
(b) A intends to do anything to or in respect of B, during or after the meeting and in any part of the world, which if done will involve the commission by A of a relevant sexual offence,
(c) B is under 16, and
(d) A does not reasonably believe that B is 16 or over.”if you check point (d) - it says "A does not reasonably believe that B is 16 or over."How this is not a defense!!!
Expert:  Jamie-Law replied 7 months ago.

You misunderstand what I have said. The CPS have to prove each part of the allegation. therefore if the CPS can NOT show you reasonably believed they were over 16 then it is not an offence.

But that is a matter for the CPS/Police to prove. They will not drop it based just on the interview where you say you didnt believe.

The Police will have all messages that have been sent and will use that to show that there was a belief.

But it is a matter of evidence. If you get a Barrister they can make representations to the CPS that all these allegations are false, that you are innocent which you clearly. The CPS in my view are being wholly unreasonable in bringing this charge, even though you went to meet someone.

As such you should consider prosecuting and bringing your own action against the CPS for this malicious and unfounded prosecution.

Can I clarify anything else for you?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3246
Experience: Solicitor
Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 7 months ago.
Thanks for this.As there is no belief while going to meeting, and this has been written down number of times in the messages. Doesn't this fall under "No case to answer"?
Customer: replied 7 months ago.
Any response?
Expert:  Jamie-Law replied 7 months ago.

Sorry I did not see this. If there was no belief it MAY come under no case to answer.

Customer: replied 7 months ago.
Thanks a lot :-)

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