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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80439
Experience:  Over 5 years in practice
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Am just wondering when your phone is under investigation I

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Hi am just wondering when your phone is under investigation I know they can see your deleted videos can they also see if they have been viewed thanks
JA: Where are they? It matters because laws vary by location.
Customer: UK
JA: What steps have they taken so far?
Customer: None yet they have seized my phone
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

what happened - please give me all the details

Customer: replied 1 year ago.
Somebody sent me a link on a P2P app called mega they picked up that there was child porn in there I never seen it as I had only used it to stream films but things would download anyway I always deleted them within a few hrs but sometimes when I viewed them they would have a green screen am worried I have inadvertently downloaded the stuff they said I was sent I never asked for anything like that and am confident they won't find nothing of me asking for it either but am worried because it was downloaded to my phone they will charge me anyway
Customer: replied 1 year ago.
Are you still there

Im so sorry for the delay. I've had internet issues this morning.

Sorry, can I just be clear, you have at no point viewed any child pornography?

but you are worried about accidental downloads?

Customer: replied 1 year ago.
I haven't viewed it but might off accidentally downloaded it
Customer: replied 1 year ago.
Not knowingly no but I had a lot of stuff in the background download and when I played it was just a green screen
Customer: replied 1 year ago.
it got deleted straight away pretty much

Thanks for the information.

Can you give me 20 mins to dictate an answer.

Customer: replied 1 year ago.

Thank you.

Please don't worry about this.

You have not committed an offence.

You are right to be concerned because it is true that videos and images can be downloaded inadvertently and stored in your cache file but the tracing can reveal whether or not you've actually engaged with an image and there is case law to the effect that you are not in possession if you haven't. Also if you do find an image that looks questionable then as long as you delete it within a reasonable time there is case law that says you are not in possession.

Everyone accepts but some images can be downloaded inadvertently.

Please don't worry. You've done nothing wrong.

Can I clarify anything for you?


Customer: replied 1 year ago.
Thank you if I have done it then it was by accident and will have been deleted soon after so if I have deleted them within a short space of time I will be ok?

You certainly will.

There is clear case law to that effect.

Customer: replied 1 year ago.
Thank you what would be seen as a reasonable amount of time
Customer: replied 1 year ago.
Also does that count if it's happened a few times because it did

Usally long enough to appreciate the image and realise it is unlawful and delete it.

That doesn't take long at all.

Volume wouldn't count if it were inadvertent.

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