theForum » The Criminal Justice System » Police » Second Interview...

Second Interview...

NeverAgain — Sat, 28 Oct 2023 10:08:42 GMT

Just had an email from the officer in charge of my case (arrested in Jan '22 on suspicion of something to do with indecent images - been so long I actually can't remember the exact wording of what I was arrested for).

Just had an email back inviting me to a second interview next week (no comment the first time). They weren't able to extend my bail past September '22, I'd imagine that means they hadn't found any evidence.

I did a few months of therapy after the arrest to deal with the anxiety - I didn't really eat for about three weeks, and every time I went outside I felt like everyone knew something and was silently judging me. I've just read on here that that was used by their prosecution as some sort of admission of guilt. Now I'm kind of annoyed that I told the police officer in passing last time I saw them, and that it took me so long to realise what the 'SO' in StopSO stands for.

What does a second interview mean? They've got the report back from the outsourcing company, surely if there's evidence they'd just arrest me and charge me...no?

P.S. I've emailed the duty solicitor who helped me last time, I'm assuming the same one will come to this interview too - is that right, or do they just send a random one each time?

RE: Second Interview...

JASB — Sat, 28 Oct 2023 10:08:42 GMT

[quote]

[b]NeverAgain - 25 Oct 23 5:09 PM[/b]

Thanks everyone for the responses. I've had a horrible couple of days, but the logical side of my brain is finally taking over control again.

Sent a message to a solicitor that was recommended by a friend of my mum's last night and they rang me at quarter to nine this morning. They clearly knew what they were talking about and really set me at ease, they said I should be able to get legal aid and they can represent me so I think I'm in good hands.

Still absolutely bricking it, and this has come at about the worst possible time. My mum (who I still live with because I've never been financially able to move out) is about to lose her job due to medical reasons around the same time as my court date, and my aunt (her sister) is nearing the end of her life because of stage four cancer - just found out today that she's also had a stroke...the doctors say she may only have a few weeks left.

I don't believe in karma or fate or anything like that, but I can't help but feel that everything in the universe that can go wrong is choosing the absolute worst time to do it.

My mental health is in the gutter. Not felt this bad for this long since I was arrested. I won't discuss the details of the case until I've got a verdict, but honestly at this point I just want this over. The path of least resistance seems to be to not fight it and hope the sentence (less the 30% discount) is something I can manage.

Thank you, everyone.

[/quote]

Hi
I believe the majority of us face the mental and emotional issues you are going through now (in regard to he offence) but if you focus on yourself as the priority, you will not only find yourself in a better place, but also able to help others that are close to you better.

Do not think you WILL get the 30% discount automatically, I pleaded guilty at my hearing as basically the charges were reduced to only what was essentially true; I had paid for the sexual services of a female under 18. All the actual details in my favor didn't matter to the Justice system as I only received 20% discount.

I would consider documenting the facts as you know them and present them to you solicitor. Their motivation and experience will provide the various options to you; however it will only be up to you to decide as they will not take responsibility for any outcome and you will find it hard to prove they are at fault if their advise is wrong.

You have a busy period in front of you so look at improving your "wellbeing" as a priority, this will help you I can promise that.

RE: Second Interview...

Steadfast — Thu, 26 Oct 2023 12:37:45 GMT

[quote]

[b]NeverAgain - 25 Oct 23 5:09 PM[/b]

[/quote]

Sorry to hear about your issues, but just remember that there would never be a good time for this.

You talk about the path of least resistance - be careful with that. It makes sense right now, but if you know something not to be right, you will kick yourself further down the road if you plead guilty to something you are not guilty of. Also, remember a guilty plea is binding - you can't turn around at a later date and change this. I had charges that (as my solicitor put it) 'you can't fight', but were categorically not true - due to me going to trial I got the maximum community sentence. It wasn't nice and lasted a lot longer than if I capitulated, but I am pleased now that I held firm. It has also helped in a few situations since.

And the concept of Karma is a thing - don't discredit that. Even if you have been treated harshly right now, and no matter what people may think of you now, doing good things can help address any negativity people may feel against you in the future.

I won't lie, the next few months will be hell but you will get through it. There is support (https://www.mentalhealth.org.uk/explore-mental-health/get-help) - call the Samaritans for a chat, they won't judge.

RE: Second Interview...

NeverAgain — Wed, 25 Oct 2023 17:09:55 GMT

RE: Second Interview...

JASB — Wed, 25 Oct 2023 14:19:06 GMT

[quote]

[b]NeverAgain - 22 Oct 23 3:06 PM[/b]

Just got the letter from the court. My date is only four weeks away.

I've instantly gone from trying to live like nothing's happend to full-on panic.

What the hell do I do? I rang and emailed the solicitor weeks ago when the police emailed me, now I've only got a month before I need to be in court and they still haven't got back to me (he wasn't even there for my second interview, the last time I spoke to him was probably over a year ago at this point).

I don't know what's going on and I don't know who to ask or even what to ask them.

[/quote]

Hi
First I'm not sure if I missed it but have you actually signed an agreement with this solicitors? If so you will have a document that states their services to you. If they are failing on them you can claim compensation from the Legal Ombudsman. Just saying that as a positive distraction :)

Have you or are you able to claim Legal Aid? I didn't have that discussion until I attended the magistrates Court.
If not and as they have been non repsonive then I would consider changing solicitors. Reason, it doesn't matter how busy they are they or their Legal Secretary; most solicitors have one and use them for the leg work, should of been in touch over this period as a courtesy. Consider the point that this is a lot of pre-hearing work to be done to prepare for any hearing so if they haven't completed any yet how can they undertake it properly now.

If you want a recommendation I used a Michael Phillips , look at his bio as he has dealt with many image offences. He helped me with my SOPO. He is in Reading but we did everything by email or phone and was sucessful.

You heard of the 5 P's - Prior Planning Prevents Poor Performance!

Finally, the most difficult and important task is your own wellbeing. You need to focus on that now before life really gets hectic. Understand the elements you control and so identify the real questions that need to be answered e.g. do you have representation? If the answer is no then you can sort that. In short get your self and any documentation / evidence you have organised so easily accessable.

You can do it with self belief.

RE: Second Interview...

punter99 — Tue, 24 Oct 2023 11:26:11 GMT

If you can, then go the offices of the solicitor and ask to speak to them in person, or hire another solicitor. If they cannot be bothered to reply to your emails or phone calls, then they don't deserve your business.

One of the reasons for the delay may be that CPS are dragging their heels and that is normal. If it gets to the day of the plea hearing and your solicitor has not had the forensic report back, then they will simply ask for the hearing to be relisted on another day. You won't be penalised, because delays in the system are so common nowadays.

RE: Second Interview...

Steadfast — Mon, 23 Oct 2023 15:36:20 GMT

[quote]

[b]NeverAgain - 22 Oct 23 3:06 PM[/b]

[/quote]

The stress is normal. Not really knowing what is going on is also normal - so don't think that is unusual. The first appearance is likely to either be a plea or an appearance - does the letter state which?

Your solicitor is likely very busy - the delays over court proceedings during Covid are causing lots of problems. This being said, if you need them to do some leg work, you will need to be persistent. If, as you have mentioned, you didn't knowingly download anything untoward you will need to prove this. You need to ask your Solicitor to apply for an independent analysis of the devices.

Due to the nature of the alleged offence, unfortunately if you choose to go to trial you will need to prove your innocence.

From my experience - being in court is the worst experience of my life. It is horrendous, unorganised and repressive. The good thing is though, once it's done it's done. Think of having a date as a good thing - you now have a path to eventually getting this behind you.

RE: Second Interview...

xDanx — Sun, 22 Oct 2023 22:58:51 GMT

[quote]

[b]NeverAgain - 22 Oct 23 3:06 PM[/b]

[/quote]

I was just reading the whole thread again to catch up, you mentioned you only used the laptop offline to do some writing and music things, only connecting it to internet for updates. This needs to be proven and should be something you can ask your solicitor, but because they are solicitors who were appointed to you on your arrest, this is very unlikely to happen. It is very possible if you back up your phone often to your laptop, anything found may be found there too.

I mentioned in this thread my experience, stating they claimed to have found things on all my devices which I know to be 2000% untrue. They took a computer I had for less than 2 weeks, this computer came with no hard drive so I had to install one myself. The hard drive I used came directly from a virgin media TIVO box as I was not currently using it. I installed windows 7 on it and a web browser, got all updates for it done and drivers. Other than that the computer was mostly used by my kids when they visited, to play games or watch youtube. When I got the call from the investigating officer claiming ALL devices tested positive, I questioned him saying "tested positive for what" which he stated "I can not tell you"

Do I think they falsified reports to prevent me from getting the devices back? Absolutely. Can I prove it? No
This is unfortunately how the UK justice system works, they pick on those they know will end up resulting in convictions, especially those who are unable to afford "real" solicitors. Ignoring those who pose a greater danger, I am sure we have all heard the news over the years.

But... back to the topic at hand. You are being charged for 2 cat C images and a prohibited image. I too have no idea what those even look like or what a prohibited image details, these are questions you could be asking your solicitor. Which they should be advising you about. Have Police ever offered a caution? Because you gave no comment responses, not made a guilty plea or accepting any form of responsibility for the charges. It is likely to go to magistrates where you will be asked for a plea. Not guilty / no plea may end up being brought to crown court for trial, where a jury will examine evidence found and then take whatever time they wish to determine a verdict. If you made a guilty plea, then it will still go to the crown court but this then would be for sentencing. The usual procedure is Probation would carry out a pre-sentence report so the judge has some back ground info about you, what lead to the offense and ultimately highlight what steps you have taken since your arrest, Probation officer will include comments expressing any risk they believe you pose. And, if they believe custodial / non-custodial is warranted. Credit guilty pleas will also be taken in to consideration at sentence, in some cases resulting in a non-custodial sentence. 3rd option is, given there was only 2 apparent images found that they are charging you with, with the addition of the prohibited image. You accept a caution, this will avoid having to go to court. You will likely end up getting a SHPO, resulting in having to also sign the register. But this will only be for 2 years, and there is a high chance your case might not even be published in the media. Recovering the devices on the other hand, I am not sure about.

So, What do you do?
First, keep calm. I know how difficult that is but try. Having a clear head will help with what is coming up, keep doing what you are doing. Therapist, hobbies, work, (if you are working) which ever way you decide to play it. You have 4 weeks till court, so try and familiarize yourself with the process. Although without the support of your solicitors, this may be difficult to do and will likely be a last minute thing as it was for me. Police always seem to give information the day before court, so your next interaction with solicitor maybe on the day in court.

What do you ask?
Solicitors, You want more information regarding the charges, ask them for ALL paperwork that they have about your case. Any digital forensic reports ect. what options are they willing to do to confirm evidence. What advice do they have relating to the charges, should you plead guilty? not guilty? make no plea at all? Ask for more information about cautions, is that a viable option? Will they do the leg work to enquire about it? Should the worst happen, you are given a SHPO, do they know the Smith court of appeal ruling that outlines what a SHPO should and should not impose? Give it a read here.

Police, If solicitors are not doing the leg work for you. Ask police questions yourself. Ask them for information about cautions, is it something they might consider. Ask them for more details on the charges, how they came to their conclusions.

I apologize for the long post, but I felt it was important to share in hopes it helps. It is very normal to be scared in these situations, putting your life in the hands of others (solicitors) relying on their ability to prove the truth. Advantage you have are these forums, all of our experiences. Plus additional information regarding past rulings. Prepare yourself, learn and decide what the best options are for you. Remember, if you are not happy with your existing solicitors. You are well with in your rights to find another, some may allow it for free, others may accept legal aid.

RE: Second Interview...

NeverAgain — Sun, 22 Oct 2023 15:06:12 GMT

RE: Second Interview...

Steadfast — Thu, 28 Sep 2023 10:40:03 GMT

Sadly, you learn things going through this process. Police do something called "stacking charges" to justify a prosocution/ charge. With me, they lumbed a whole load of images into the charges that were completely innocent (some were a friend who posted pictures on her Facebook, others were of my cousins kids playing) - their justification was that they were "erotic posing". They most certainly were not that!
If you choose to go to court you can have an approved professional garner access to an image of your electronic device for analysis. An image is a complete 'dump' of the electronic device's memory. The police will not surrender the actual device for analysis - something my solicitor at the time was very vocal about. You should be able to access legal aid to do this as it is fundimental to your defence. You shouldn't go into it here, but you will know if the charges are fair/ lenient or harsh - if it is either of the first two you should have a chat with your solicitor. Most competant solicitors have connections and will be able to assertain the likely outcome for you.
One thing to add - the SOR is not a nice thing to be on, but it is managable and will likely only impact your life every few months - and it will be over eventually. So if this is what you get, don't stress too much about it.

The overview of the catogories can be found here: https://consult.justice.gov.uk/sentencing-council/indecent-images-children/supporting_documents/sexual%20offences_Indecent%20images%20of%20children.pdf

RE: Second Interview...

punter99 — Wed, 27 Sep 2023 10:24:31 GMT

The solicitor can request something called pre charge disclosure, which means they can see the evidence the police have, before any charges are brought. Then they can decide whether the images meet the test for Cat C. If they do, then the next step is to find out when the images were downloaded and when they were viewed.

RE: Second Interview...

xDanx — Tue, 26 Sep 2023 09:24:04 GMT

[quote]

[b]NeverAgain - 26 Sep 23 1:48 AM[/b]

[quote]

[b]NeverAgain - 21 Jun 23 12:35 PM[/b]

Bad news.

Just got back from the interview and they say they've found hundreds of 'inaccessible images'.

About two hundred Cat A, and about as many Cat B and Cat C.

Only maybe two or three were actually 'accessible' and they were a Cat C and a 'prohibited' image.

No idea what 'inaccessible' means. It's either that I've deleted them, which might help my defence when this (now inevitably) goes to court, or it just means they were in that Samsung Secure Folder (which they've apparently managed to open) and weren't deleted.

They read out a few examples of what they found and it was incredibly grim, but I didn't recognise anything they described, so at least there may be a defence that I could've inadvertantly downloaded them along with lots of other stuff and never actually looked at them.

There were also a list of search terms which I didn't recognise, so not really sure where that fits in. One of them was literally 'pedophile', which is hardly evidence, and another was straight-up just 'kiddy porn' - why would I have ever searched that?

I suppose there's nothing I can do now except wait (again).

I've been told to probably expect a letter from CPS detailing the actual charges...which will almost certainly take many many more months.

Thanks for everyone's support, but I really don't think there's anything to be done in the short term now. Just hope I'm not actually sent to prison over this.

[/quote]

Just got an email from the police officer. They're not charging me with any of the inaccessible stuff (thank fuck), but I'm going to be charged for the two Cat Cs and the prohibited image that were supposedly on my laptop.

I'm really quite confused at this point, I've got no idea what Category C even looks like or what they could've found that counts as Cat C or 'prohibited'. It's suddenly all gone from incredibly serious 'I hope I don't get sent to prison' to 'why are they even bothering to persue this anymore'.

That laptop never went on the internet except for software updates for various bits of music production software. The only thing I can think is as I said previously - I plugged my phone in, opened it, saw something a bit dodgy and deleted the whole folder. They've likely found some cached version or whatever technical macguffin and they're hoping they can force me to plead guilty in court by threatening me with the inaccessible stuff (basically a no smoke without fire kind of approach).

Going to contact the solicitor tomorrow, though I suspect they'll tell me to get back in touch once the actual charge letter comes through.

Thanks for everyone's help, you've made me feel much better about this dreadful situation.

[/quote]

When they took my devices, I had another computer which was only in my possession for around 2 weeks before I got the knock at my door. The hard drive I used for that PC came from a Virgin Tivo TV box. My children used it for when they came over to my place for the weekend and was mainly used for youtube and the odd web based game that they found and played. Other than installing windows and a few other problems like firefox, I had not touched this computer and was planning to give it to my kids to take home.
The investigating officer called me one morning and told me that ALL my devices tested positive for stuff BUT would not go in to detail telling me what was found and where. Later in 2019 I managed to obtain a forensic report which only states internet artifacts were found but that is all. I am 1000% sure Police did something to fabricate what they found on that device to prevent me getting it back. But proving it after 6 years seems impossible.

In your situation though, although it may only be two cat c's and a prohibited image, I would be asking for further details. where were they found? Full description of images? (since they say showing the actual image is illegal) Perhaps even ask your solicitor to carry out there own analysis but may incur a cost.

I know of someone in a similar situation as yourself and he was offered a caution which lasted 2 years and, avoided having to deal with the whole court process. I believe a SHPO was handed to him but only for 2 years and had to sign the SOR also for 2 years.

RE: Second Interview...

JASB — Tue, 26 Sep 2023 09:02:20 GMT

Hi

There is a wonderful bit of software called "Privzer" that I used to securely clean my harddrive periodically. This is not because I view stuff but just to ensure files are completely removed! I was introduced to it whilst working for a "vehicle replacement" business a few years ago.

yes all my OM's was/is aware i use it and I have explained the reason why.

As long as it does not break the rules of your conditions then it is a great tool.

RE: Second Interview...

NeverAgain — Tue, 26 Sep 2023 01:48:08 GMT

[quote]

[b]NeverAgain - 21 Jun 23 12:35 PM[/b]

[/quote]

RE: Second Interview...

punter99 — Mon, 26 Jun 2023 11:09:28 GMT

[quote]

[b]NeverAgain - 24 Jun 23 8:14 PM[/b]

[quote]

[b]punter99 - 23 Jun 23 11:04 AM[/b]

[quote]

[b]NeverAgain - 23 Jun 23 2:17 AM[/b]

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[b]Lineofduty - 22 Jun 23 10:02 AM[/b]

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[b]NeverAgain - 22 Jun 23 7:50 AM[/b]

[quote]

[b]punter99 - 21 Jun 23 3:28 PM[/b]

[quote]

[b]NeverAgain - 21 Jun 23 12:35 PM[/b]

[/quote]

https://www.pcdsolicitors.co.uk/your-defence/forensic-evidence/
https://www.pcdsolicitors.co.uk/advice-news/latest-news/not-guilty-verdict-in-indecent-images-case/

First of all, is this a new device or is it second hand? Could anyone else have had access to it apart from you? The dates when these images were downloaded or when the searches were done will be important. As in the case above, its possible the images could have been downloaded accidentally, as part of a bulk download, but proving it is another matter.

Since at least one image was accessible, then they may only charge for those, and the search terms are being mentioned, are to prove to a court that it was deliberate not accidental. The other thing to consider is whether the Cat C is on the borderline of being illegal. Did your solicitor give you any advice?

[/quote]

Thanks for the response.

The solicitor didn't really say much beyond just wait for a letter from CPS.

I don't think there's any point trying to dispute whether or not it was me who downloaded it, but it genuinely was downloaded as part of massive bulk folders - though I don't know how I prove that.

The dates they gave me are pretty much exactly just the length of time I had the phone, which doesn't really make any sense, because it's not like I just bought a new phone and started downloading indecent images immediately. Plus the search terms are really weird (I don't recognise any of them) and I'm struggling to see how they'd really prove anything - especially as anything illegal that was downloaded wasn't from a website (and certainly not Google).

I suspect my defence will have to lean on the fact that everything was sent to me by anonymous strangers and there was little way to know what I'd actually downloaded until it was already on the phone (I'm pretty confident that anything I actually saw that was illegal was deleted). I just wanted to share porn with some random guys - I didn't think they'd send me *that*. Also that I never went to any real lengths to source such images - I never did anything like accessing the dark web, or paying for it, or even worse actually talking to anyone under 18. Plus, the fact it was in a 'hidden folder' can be explained as 'it's a feature that comes with the phone' and had lots of legal porn mixed in, and that I'm bisexual and not out of the closet, so there's a lot of gay porn on there that I wouldn't want my friends or family to see if they pinched my phone - same reason as to why I was contacting random guys on the internet. (None of this sounds like a court will give a damn though...but it is at least true.)

Hopefully a lot of the numbers are made up by duplicates (something which they even told me could be the case) and as you say, best case scenario is they charge me with the one Cat C and the prohibited image (I didn't know prohibited images were illegal until I was told during the first interview - I think they're legal in America, so I may have been falsely reassured by Google).

I can't stop thinking about the sheer number of things they found - I really was expecting to go in and just be grilled over the password I threw in the bin about a year ago. I was shocked when the solicitor told me there were 'over two hundred of the most serious category', then frankly appalled when the police later described them. At least I'm not being accused of any contact offences.

I'm desperately trying to mentally prepare myself for 10 years on the SOR and I've been reading about other people's SHPOs and thinking how hard that's going to make everything. I've already been unemployed since they nabbed me at work 17 months ago, now it's looking like I'm not going to get back into the real world for actual years (I really thought this was going to be over until yesterday's interview - I was browsing Indeed and thinking about different jobs I could apply for...that's gone now).

Really don't want to go to prison. I thought I was ready for that when I was first arrested, but that was a very long time ago now. Frankly, I'm just scared...hence that massive rambling message.

[/quote]

Firstly, when the charge comes through you must INSIST your solicitor obtains an independent copy of the image they extracted from your phone NOT a copy of the extraction report. These are NOT the same.
The police extraction report will ONLY detail what they want you to see in their prosecution. That's how they work.
That copy image could be your best defence and source of "who found what when" and I would suggest that your solicitor finds an independent forensic expert (yes, i know more cost) to examine it on your behalf
to give you/solicitor the best defence of minimising any sentence or even downgrading it to a community order and/or suspended custodial.

Secondly, why did they come for you at work. What was the offence? Were you just part of a sting operation e.g. illegal porn downloads. If there is no online contact offence then how would they know to come for you?

[/quote]

I doubt I'll be able to pay for anything at all. Though the 'accessible' stuff on my laptop makes no sense to me - I've got no idea what would've been on there (it was used purely for writing essays and then music production - it basically never went online and definitely wasn't used for looking at any kind of sexual material...legal or otherwise).

They came to my house, but I just happened to have left for work early that day. My mum had to tell them where I worked.

Don't know what specifically triggered the arrest, but my sister mentioned that social services said something about somebody else being arrested was well (and a question was asked in the interview akin to 'did somebody make you download them' - though that might just be a default question). No idea who that would be.

One of the things they said I apparently searched for sounded like a username - I'm wondering if they're trying to link me to somebody else. It was one of those default-generated-sounding names like 'CosmicTurtle29' or some nonsense like that. I still don't have a clue what they were on about.

[/quote]

Earlier on, you were talking about a phone conversation and now they have found images on your laptop too?

From what you have said, there was a phone conversation with a group of others, where images were downloaded, then deleted straight away? So that might explain the inaccessible cat A and B images. It might also explain where they found the search terms, which you have no knowledge of. Those words might have been mentioned, by another person, in the group chat that took place, which would explain why they were also found on your phone.

You do need to get hold of a copy of the chat transcript, to find who said what, because that is very important to your defence. As for the accessible cat C images on your laptop, they may not be connected to the download on your phone at all. It might be that the police have found something that is borderline cat C on the laptop and they are just trying to make out it is worse than it actually is.

It sounds as if you do need a specialist forensic report, because you need to know what evidence the police actually have. As you are unemployed, you may well qualify for legal aid, but I don't know if it will also cover a specialist report or not.

Once you have the charges letter, you need to sit down with your solicitor and be completely honest with them about what you did. Don't worry that they will grass you up to the police, if you admit to doing something. Anything you say to them is protected by legal confidentiality. The solicitor has to know exactly what happened, if they are going to defend you. You can also ask them about legal aid and getting a specialist forensic report, at the same time.

[/quote]

Not quite, it wasn't 'a group of others' it was several individual people. Something which I'd been doing without incident since I was about 19.

I'm actually still waiting for the solicitor to get in touch with me because I never got his details the other day - he's got my email and said he'll make contact soon.

I think what was on the laptop was actually from when I'd plugged the phone in to backup other stuff, though they didn't describe what it was and I've no idea what it could be.

Thanks for your advice, I'm going to read up on the stuff you've mentioned and just keep waiting for a letter from CPS. I'm expecting one count of 'making' for each of the three categories, then maybe another one or two for the 'prohibited' and whatever else they feel like (hopefully it's actually just the accessible ones, but I'm not getting my hopes up for something so unrealistic).

[/quote]

It certainly sounds as if they are investigating someone else, possibly for distributing the images, and that they have identified your username and ip address from a chat logged on that person's phone. If they were asking, did someone else make you download them, then that will be vital for your defence, because if you can establish from the conversation records that you didn't know that what you were downloading was illegal, then a jury are more likely to be persuaded that it was accidental.

As for the cat C and prohibited images, that could be anything from the internet cache, even just a banner advert or a pop up. Often it is stuff that you wouldn't even think of as illegal, but when the police look at it, with their suspicious minds, they can twist things, to make it sound dodgy. If you don't know what it could be, then you definately need to get your solicitor to find out.

RE: Second Interview...

NeverAgain — Sat, 24 Jun 2023 20:14:36 GMT

[quote]

[b]punter99 - 23 Jun 23 11:04 AM[/b]

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[b]NeverAgain - 23 Jun 23 2:17 AM[/b]

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[b]Lineofduty - 22 Jun 23 10:02 AM[/b]

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[b]NeverAgain - 22 Jun 23 7:50 AM[/b]

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[b]punter99 - 21 Jun 23 3:28 PM[/b]

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[b]NeverAgain - 21 Jun 23 12:35 PM[/b]

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RE: Second Interview...

xDanx — Fri, 23 Jun 2023 15:27:01 GMT

NerverAgain
You mentioned you have read other posts, so you may already know that I was done for images.
Punter99 is correct and you need to be asking your solicitor a lot of questions, my advice is you word those questions right or else even your solicitor can "bend the rules" too. If you are unemployed, then you should be able to claim Legal Aid for solicitors to represent you. Do some research with the firm representing you, are they credited for these types of offense? do they understand the Smith court of appeal that guide how SHPO's are handled? if you are not happy with your current firm then contact a few others who do specialize in these types of offense and see if they could take over.

While my case was on going I asked my solicitor many times if I can see what evidence is found, I was always told "absolutely yes". They never did show me any paper work of any kind until I "asked for it" I finally got the forensic report 2 years after being sentenced, I was quite shocked with what they claimed to have found and where it was found, as much like yourself it was nothing I had seen before but they also claimed ALL my devices "tested positive" which I know to be 2000% untrue. Yet, because I was never given the paper work, I was never able to dispute everything being said.

RE: Second Interview...

punter99 — Fri, 23 Jun 2023 11:04:41 GMT

[quote]

[b]NeverAgain - 23 Jun 23 2:17 AM[/b]

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[b]Lineofduty - 22 Jun 23 10:02 AM[/b]

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[b]NeverAgain - 22 Jun 23 7:50 AM[/b]

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[b]punter99 - 21 Jun 23 3:28 PM[/b]

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[b]NeverAgain - 21 Jun 23 12:35 PM[/b]

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RE: Second Interview...

NeverAgain — Fri, 23 Jun 2023 02:17:18 GMT

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[b]Lineofduty - 22 Jun 23 10:02 AM[/b]

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[b]NeverAgain - 22 Jun 23 7:50 AM[/b]

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[b]punter99 - 21 Jun 23 3:28 PM[/b]

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[b]NeverAgain - 21 Jun 23 12:35 PM[/b]

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NeverAgain — Fri, 23 Jun 2023 02:09:08 GMT

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[b]Mr W - 22 Jun 23 10:01 PM[/b]

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[b]NeverAgain - 22 Jun 23 7:50 AM[/b]

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[b]punter99 - 21 Jun 23 3:28 PM[/b]

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[b]NeverAgain - 21 Jun 23 12:35 PM[/b]

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Did you 'no comment' everything in the end? The tricky thing about the charges is usually people plead guilty and then can only offer mitigation during sentencing. (Unless there is something there you can 110% prove you’re not guilty of. Being found guilty after a not guilty plea pretty much guarantees time behind bars).

I’d be careful about talking about being involved in a chat and ‘sharing’, stuff you don’t want to accidentally trigger another charge (distribution is a different charge (worse) than viewing). Although all the talking might be finished by now.

My suggestion would be to talk to a therapist (ideally StopSO accredited) and engage with Lucy Faithful Foundation. Not only is that a proactive step which will help with your mitigation but it helps to be able to talk about all this, as you have done here, because it seems like you have a lot to talk about. Especially if the prosecution does mention male and female images in court.

It may be a bumpy, painful and SLOW ride ahead but many of us on this thread have got through it and you will too.

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Yeah, it was completely 'no comment' (on advice of the duty solicitor).

I never actually shared anything, and it was never mentioned during the interview, so I don't think they're trying to do me for that.

I already went to a therapist through StopSO. I, being shockingly naïve, didn't realise it was specially a sex offender thing (I just assumed StopSO was one long acronym, not just the word Stop then S O), I went to work through all the anxiety (honestly been an issue long before this, just really exacerbated by the arrest). Really enjoyed the therapy and it made me confront my issues with porn and sex.

Thanks for your input.

RE: Second Interview...

Mr W — Thu, 22 Jun 2023 22:01:08 GMT

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[b]NeverAgain - 22 Jun 23 7:50 AM[/b]

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[b]punter99 - 21 Jun 23 3:28 PM[/b]

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[b]NeverAgain - 21 Jun 23 12:35 PM[/b]

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It may be a bumpy, painful and SLOW ride ahead but many of us on this thread have got through it and you will too.

RE: Second Interview...

punter99 — Thu, 22 Jun 2023 10:38:55 GMT

Deleting images only matters if you deleted them quickly. Within 24 hrs. If you waited any longer that that, you can still be charged for them. So the dates they were downloaded and the date they were deleted may give you a defence for the inaccessible images. But it may not.

In terms of sentencing, it hardly makes any difference if they charge for 1 cat C,or 200 cat A, because the outcome will be much the same. You could spend a lot of time and energy proving that the 200 cat A were deleted straight away, but you will still go down for the cat Cs that are accessible.

Your defence really centres on the cat Cs that were accessible and whether they meet the threshold for Cat C. It may be worth getting a specialist forensic report, or it may not. Only you know what you were looking at.

RE: Second Interview...

khafka — Thu, 22 Jun 2023 10:31:21 GMT

Inaccessible generally means they've been deleted are what as known as 'orphan' files.

If it helps put your mind at ease about a custodial sentence, I was convicted on around 200 images throughout the various categories, all of them inaccessible, I wasn't given a custodial or even a suspended sentence. It was a community resolution (community service), rehab program, and 3yrs on the registry.

Of course everyone is different but unless you're actively making the images and have a colossal amount I've found image-based offences rarely end up with a custodial sentence unless there are other mitigating factors (like not first offence etc.)

RE: Second Interview...

Lineofduty — Thu, 22 Jun 2023 10:02:38 GMT

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[b]NeverAgain - 22 Jun 23 7:50 AM[/b]

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[b]punter99 - 21 Jun 23 3:28 PM[/b]

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[b]NeverAgain - 21 Jun 23 12:35 PM[/b]

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RE: Second Interview...

NeverAgain — Thu, 22 Jun 2023 07:50:20 GMT

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[b]punter99 - 21 Jun 23 3:28 PM[/b]

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[b]NeverAgain - 21 Jun 23 12:35 PM[/b]

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