Malicious email / police involved

Malicious email / police involved

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Discussion

dave7108

Original Poster:

188 posts

155 months

Sunday 12th November 2017
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We have yet to speak to the police but he is in two minds to employ an expensive solicitor, when he cant afford it. Also he said there isn't anything on the phone that he is worried about. He told the police he sent it via his iPad and they only held on to that for 2 days and didn't look at it as they didn't ask for any unlock codes.
I'm thinking the police just want to check the phone before giving it back. Other than that then I fail to see what they can do him on as he has already admitted to using the iPad to send said email.

dave7108

Original Poster:

188 posts

155 months

Monday 13th November 2017
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techiedave said:
Has junior had to sign the register yet ?
Register for what?

dave7108

Original Poster:

188 posts

155 months

Tuesday 14th November 2017
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^ ditto I cant see much coming of this. Various cases on the net involving people sending pictures of dead babies to mothers and other stuff and they get a slap on wrist or a police caution.

dave7108

Original Poster:

188 posts

155 months

Friday 24th November 2017
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Nothing. He has not heard a dickie off the police. So either they are planning some massive case against him or they are concentrating on murders etc. Or what is most likely that they don't have the resources to deal with this at the moment so it will be dealt with in due course.
Family friend was in the police but has left now. Said the cutbacks made the job untenable. Increased workload and less officers.

He hasnt called them for an update as when he did before (several times) he got the impression he was hassling them. They told him they would contact him when they needed. At the moment the investigation is still open.

dave7108

Original Poster:

188 posts

155 months

Monday 19th February 2018
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Still no update on this. My son has left messages at the station and has heard nothing back. Do they have to 'close' a case or can this just drag on for years?

dave7108

Original Poster:

188 posts

155 months

Thursday 29th March 2018
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Telephone call last week to say the case has been passed to his superior for review, and then to the cps.
My son is half wanting this to go to court as it will give him a chance to tell his side of the story and to why this has got to this stage and what a ridiculous waste of police time and resources its been.

dave7108

Original Poster:

188 posts

155 months

Tuesday 12th June 2018
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No further update on this, we have given up calling the police for an update now. They still have my sons phone. Anyone in the force on here? What happens in cases like these, do they get put on a back burner? Do they have to close cases off by a certain time or have an answer for their superiors as to why its still ongoing? Not being difficult about the police, I'm sure they are overstretched.

dave7108

Original Poster:

188 posts

155 months

Tuesday 12th June 2018
quotequote all
I think the delay was in the IT. The officer rang back a few months ago asking if he had the password to the Samsung Myknox app. My son phoned them back and said he had never used the app. In the end I had to google what it was and ended up emailing the police back to tell them they couldn't access the app as it had been discontinued by Samsung over a year ago.

dave7108

Original Poster:

188 posts

155 months

Sunday 17th February 2019
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Update - finally have a court date set for 2 months time. Have appointed a solicitor and meeting next end of the month.

dave7108

Original Poster:

188 posts

155 months

Sunday 17th February 2019
quotequote all
Sa Calobra said:
Did you get the whole story. Why did your son send a naked vid of your friends sister to your friend? At 20 you'd think he would know better. It does appear to be malicious and fits points to prove.
He sent it to let him know it was out there. In hindsight he should of gone about it a different way. Moment of madness or plain stupid. He told the police he doesnt regret sending it as everyone was laughing about it but he does regret the way he went about it. The CID officer spoke to him last week and he even said again that off the record he thought this had gone too far but the CPS feel there is a case to answer for.

dave7108

Original Poster:

188 posts

155 months

Sunday 17th February 2019
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I agree on the comments above. Who decides to take it to court, the cps or can the police decide not to prosecute?

Any tips pointers advice gratefully received. Other than engage your brain before you send things!

dave7108

Original Poster:

188 posts

155 months

Monday 18th February 2019
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Is anyone able to advise of sentencing guidelines? Or have experience on working on a similar case?

thank you

dave7108

Original Poster:

188 posts

155 months

Monday 18th February 2019
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He is away, as explained above, just after some info from people in the know.

dave7108

Original Poster:

188 posts

155 months

Monday 18th February 2019
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bulldong said:
Most things are ok to ask for advice on the internet. This is something which should have been handled by a professional from the start, not the internet. The advice was to get a solicitor, which he ignored until it was too late.
He has had a solicitor from the start. Ive only asked for advice on here as it has been a long long time since the police got back to us. Ive chased them on several occasions and they are slow to get back, often 3 or 4 months to reply.

dave7108

Original Poster:

188 posts

155 months

Monday 18th February 2019
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macushla said:
You’ve just decided to make up some circumstances to suit your argument.
The girl involved is a victim of revenge porn that was made without her knowledge and shared widely on the internet by this boy.
Just to correct the above, she made the video herself after a paying customer paid her to do things online. It is not known whether she put the video online or the customer did. It could only be her or the customer that uploaded it.

dave7108

Original Poster:

188 posts

155 months

Monday 18th February 2019
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Grey area if it is classed as private. There are plenty of 'webcam' type videos on well known porn sites. Have these women consented to these being uploaded? Or is it a forgiven that it will end up in the public domain. The video was found randomly by one of his friends who recognised the lady in question.

Not trying to justify what he has done in anyway.

dave7108

Original Poster:

188 posts

155 months

Wednesday 20th February 2019
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Send communication/article of offensive nature was the charge.

dave7108

Original Poster:

188 posts

155 months

Wednesday 20th February 2019
quotequote all
Just to add at the bottom of the charge says 'contrary to section 1(1)(B) and (4) of the malicious comm act 1988

dave7108

Original Poster:

188 posts

155 months

Thursday 21st February 2019
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Yes seized pc but gave it him back the next day. They also took the phone which they kept. There was a tablet and a laptop which they missed and forgot to take.
In my view i found the police incompetent. They didn't search the house for any other devices and forgot to take 2 devices which he told them he owned and were sat on the table right in front of them. The police said they were taking all 4 devices. We were busy all making small talk and upon leaving they only took the pc and phone.

dave7108

Original Poster:

188 posts

155 months

Saturday 2nd March 2019
quotequote all
To clarify the above:

The phone was unlocked as my son gave them the pin. He spoke with the solicitor beforehand and it was discussed if he had nothing to hide then to give the pin.

The video was on a well known site - he told me the site and the police also told me the site. They had the link in the interview. At first the police were thinking on the lines that my son was the one who uploaded it but that was quickly disproved.. The only person to have uploaded it in my view was either her or the man who had paid her to do the video. Or possibly if her phone was hacked and someone then uploaded it. Id say more likely it was the customer of said video thinking il stick this on the net. There are plenty of these videos on the internet, Im sure customers of these videos feel the property is now owned by them.

Maybe he would of been better to go 'No commen't in the interview but he gave a frank and honest admission of his mistake and didn't try to hide anything.

This video had been circulating for a few months before my son knew about it. The main person doing the 'circulating' works in a respected public position. He seemed to find it very funny. He has a track record of being a st. Initially the family thought it was this individual who did it, possibly pressing them to go to the police.

My son was the last to know about it as the 'group' suspected he would tell said friend. Which he did but went about it the wrong way.

I don't feel he has hidden anything from me. He is openly remorseful of this, and to be honest it's making him ill. He cant stop thinking/talking about it and has lost weight. He has not only lost a good friend but was friends with the family.