theForum

Greetings Folks!


https://forum.unlock.org.uk/Topic26695.aspx

By khafka - 11 Dec 19 5:42 PM

Hi everyone,

Long listener, first time caller.

I'm not really sure how to introduce myself but lets start with the offence, I guess.

I'm currently awaiting sentencing for possession of indecent images and the whole thing has just thrown my life upside down and really does show you who your true friends are and the horrible conditioning of the great British public (or Scottish public, to be more apt).

I have no idea the outcome if I'm looking at a prison sentence. If it helps; I was found to have around 270 images (6 of which were videos totaling around 15 minutes in combined length) around 1/3 of which were Category A. In the report these images were only "created" on my HDD on one day and were in an inaccessible portion of my HDD. The police (CPS?) confirmed they hadn't been accessed and appeared to have come down via a torrent I was downloading at the time. My solicitor can't even believe it even got to court.

This eventually hit a local paper last week and my life has now obviously shot to pieces with people putting me in the same bracket as Jimmy Savile et al. - This was furthered when a local Facebook vigilante group managed to somehow get a personal picture of me (no idea how, I don't have social media) and plastered me up for the world to see - When my friends saw it they let me see the mess too.

I did plead guilty to possession off the recommendation from my solicitor and on that diet hearing was the day the papers found out and of course made me out to be some kind of wild beast roaming the streets looking to snatch children like Chitty Chitty Bang Bang or something. This has obviously led to me being suspended from work for their own investigation to see about the future of my employment - However, even if I did keep my job there is no way in hell I'd feel comfortable walking back into the building given some of the threats I've received from some of my supposed "work-friends". I've written that job off to be honest - My worry is moving forward in terms of looking for a new job and having to disclose this.

To be honest, I'm in a state. I haven't left my house in about a week for fear of a lynch mob chasing me down the street (bit extreme thought, but I'm sure some people on here understand). I'm just scared of the whole thing and what's going to happen. I have no previous convictions, the police have stated there is no pattern to show I am seeking all these images out. I'm awaiting a social worker getting in touch to go over my circumstances to put forward their views in terms of sentencing (I'm not sure if this is common or not). I just want this whole debacle over and to move on with my life but I know this'll never happen now. My life is never going to be the same.

My sentencing is in January so this is going to be a long month I feel.

I'm happy to answer any questions anyone may have about this - To a degree, I don't want to give too much information away that might identify me.

Thanks for listening.







By khafka - 13 Feb 20 7:23 AM

JASB - 12 Feb 20 4:02 PM
khafka - 12 Feb 20 2:28 PM
AB2014 - 11 Feb 20 4:06 PM
khafka - 11 Feb 20 3:17 PM
AB2014 - 11 Feb 20 12:42 PM
tedstriker - 11 Feb 20 12:21 PM
khafka - 10 Feb 20 12:17 PM
Hi peeps!
  • 120 Hours community payback order (would've been 200 but accounting for the early plea) over a 6 month period
  • I have to take part in the Moving Forward, Making Changes program which runs for 3 years
  • I will also be subject to the register notification requirements for those 3 years
  • I have a review in 3 months to make sure I'm keeping my nose clean and abiding by everything as the judge doesn't think I'll actually take part in any of this - I'm happy to prove him wrong!

So all things considered, a pretty good result I think.

This is great news. I would be wary of the 3 years SOR requirements though. That reads to me as if it should be 5 years?

Don't forget he is in Scotland, where the law is slightly different. The law, as applied in Scotland, says the notification period runs until the end of the community payback order. That has no relation to the amount of work, just the supervision requirement. You might think that would be the 6 months relating to the unpaid work, but as the other stuff is involved, that should take it out to 3 years. From down here in England, that result looks even better.

As for when it's spent, if he was given a SOPO, it's spent at the end of the SOPO, as in England. If there was no SOPO, then the law appears to say it's spent after...12 months.

You're spot on with it.

The 3 years is related to the Moving Forward, Making Changes program which I'm taking part in. That runs for 3 years.

I did get them to confirm that. One thing they couldn't confirm though was the potential for "time spent". As I've already been on the register for a few months now from when I pled guilty if it would count towards the 3 years. So I'm unsure about that. It would shave I think about 4 months or so off from it though but I honestly can't see it.

All things considered I'm pretty happy with the 3 year portion as in the grand scheme of things it isn't overly long.

Time on the SOR is normally measured from the first time you signed on at a police station. It's all in the law under "relevant date", and for a community sentence, the relevant date is the date of conviction, not sentencing.

Okay.
  • I first signed up all the paperwork at the station on 06/12/2019.
  • I received my sentencing on 10/02/2020
Would be notification requirements cease on 06/12/2022?

I have since been in to update them with various bits and bobs but it is from that initial date and not my sentencing date?

I'm also curious if it is worth putting in a complaint given by the Social Work as it was heavily pushed in the newspapers follow up this week about how in the report I seemingly only care and spoke about myself. I'm awestruck at that. How else am I supposed to come across when all your questions were actually about me? There was no mention in the report of all the charity and community work I mentioned that I've done for years both in raising money, donating money and a lot of my time too.

Feels like they wanted to create this villainous boogey man. Moving forward it looks like this social work person that did the report will be dealing with me moving forward which I don't feel comfortable about now, which is a shame as I felt really comfortable working with them before but I feel like a huge betrayal of trust and I strongly feel they will not be impartial moving forward with any future reports.

I also don't want to come across as being difficult, which I'm sure would go down in the report too.



Hi
Whatever SOR requirement length you was put on its start date is from the 06/12/2019.
In regard to the reporting; and I am not trying to sound critical of the "authorities", but it is PR. All I can say is that in my experience and those I have provided emotional support to over the years, the wording you quote is typical. For example I informed them I had met a female whilst I was visiting my father if Thailand - not a sex worker. In the pre-sentence report that went to the Judge it said I was involved in sex trafficking because I admitted to buying her meals!! Though later they verbally apologised, it was to late as it had already had the effect they desired.
Another way to understand the motive behind their words is to look at the wording of the charges made by the Police. They are designed to have maximum impact to gain support from a Jury, Judge, media and society to get a conviction.
My advice is read and "really understand" what they have written and try to understand it from their's and the victims prospective. Forget they are writing about you which will be hard.

Once you - in ways - understand the aim of the wording, you know then what "evidence" you need to provide to the "authorities" to change their reporting approach from basically an accusing to supporting style.

By "evidence" I mean demonstrating your remorse, your understanding of the emotional impact on your victim(s); remember victim(s) include your family and friends. I am sure you can expand on those examples.

I have learnt that it takes time for you to show that the words you use are "not excuses but explanations" so just complaining can be counter productive.
If you wish to complain do it by actions not words. You are at the beginning of a very emotional journey. The first point you must go through is your acceptance you cannot change what has happened. Accept that in your manner and the actions you do today: then tomorrow you will start a little wiser and possibly the beginnings of contentment will start to ease the emotional stress.

Remember if you cannot be a friend to yourself, how can you be a friend to anyone else. 

Good luck and we are always around if you need any support.

Thanks for chiming in again, JASB.

Overall I'm feeling in a much more positive and better mental position than I have been during the whole last year or so. I'm sure you and other posters can vouch for how soul destroying, draining and daunting the whole thing can be. I'm happy now I have received my sentence and I can start to rebuild.

I actually doing the online modules through Stop It Now yesterday. This isn't a requirement from the court, this is something I've looked into off my own back.

I will definitely be sticking around here and hoping I can help someone in the future. Everyone on this forum has been fantastic, helpful and supportive. It's great to get a third party view on it. Sometimes advice you can get from your friends/family can be a little biased for obvious reasons so to get impartial feedback can really change your outlook on certain aspects.