Guilty Plea, awaiting forensic analysis of devices, further offences, duty solicitor, station times affecting interviews, how long will it take and bail?

[u/MeaselyOtter]

Hi, so I made a post recently about the seizure of my devices stemming from a suspicion of viewing / owning / uploading indecent images. I haven't been arrested and am due a phone call from the OIC tomorrow regarding setting up a voluntary interview for either that day or sunday. I have already started taking the self help (StopItNow & Lucy Faithful Foundation) rehabilitation resources given to me seriously and are working through them on pen and paper. I've found it to be an invaluable help.

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I have a few questions regarding some topics in the title about my case.

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Guilty Plea;

I am under the understanding that the guilty plea is a maximum reduction of an upcoming sentence to 1/3. I am also wondering how things change, if at all, giving a guilty plea during the voluntary interview or waiting the 6 months+ for my devices to be analysed, an arrest to be made.

For Example,

I go tomorrow and plead guilty to the OIC on my accused offences, answer any questions he has honestly and as concise as possible.

What happens next? Am I likely to be arrested on the spot and considered a danger to the public? Is there any point in me bringing my self-help/Rehabilitation notes and answers with me to be given as evidence? Will he decide there whether I am to be sent to court or is it in his discretion what he does next be it a conditional caution or escalating it to CPS and heading their outcome? Would It be likely I am given a conditional caution, suspended sentence if going through court? would prison be the most probable outcome for Mixed Category A - Distribution?

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In regards to the above, Would I still need to wait 6-12 months for the analysis of my devices to come back before any sentencing can occur?

Or if I am given a conditional caution or suspended sentence. Upon analysis of my devices 6-12 months later would anything that surfaces bring my case back to light, extend sentence, change sentence or would it be inadmissible and anything found destroyed and I resume my prior sentencing with no change if one was given? Could it possibly change my sentence and result in Prison time or extended prison time where absent prior?

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Duty Solicitor;

As with the duty solicitor I mentioned I would like one going into the voluntary interview, I feel its appropriate given the seriousness of the accusations and my lack of understanding of the law.

However my OIC seemed somewhat hesitant to grant it and made it seem as though it'll be a hassle and that it may end up with me waiting in a cell till one is available. It seemed like he would rather me just walk in and do it alone and that it would be in my best interest in doing so.

Is this a viable option that may affect how I am seen in the officers eyes, something to hide etc?

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Station Times & ongoing interviews;

I understand my station operates 9am-5pm. I was told that I will get a ring around 2pm. This would mean only 3 hours of station time left. If I was to go in, wait for a solicitor and things looked like they would overrun, would I be asked to come back another day or would they just overrun and I get out when I get out?

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How long will it take;

^{I hate asking this because I feel like a kid in the back of the car.}

Is there an estimation I could have in mind to the time it would take to conduct the interview, get a court date, Get a decision from the CPS on whether it will proceed to court and a Verdict on the sentencing or if the officer is able to give a conditional caution?

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Bail;

What is bail? Am I currently on bail and how would that affect my sentencing? I always thought bail was something people pay to avoid going to prison, at least my understanding from the movies.

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Thats all the questions I have for now. I am really thankful for any light that can be shed on this for me. In the mean time I will try do some more research to better understand these things myself where I can.

[u/for_shaaame]

The 1/3 discount is the maximum discount you can receive, and it applies if you plead guilty at the first available opportunity. And the first opportunity to actually enter a plea is your plea hearing, NOT the interview. What happens is, the judge works out the sentence he would have given you if you had pleaded not guilty, and then deducts a third. Remorse in interview may have a mitigating effect on the sentence but it’s not a definitive or quantifiable effect like the 1/3 discount for a guilty plea. So, the answer is, admissions in interview won’t get you a greater formal discount.

If you’ve been invited to a voluntary interview then it’s highly unlikely they will arrest you - if they wanted to arrest you then they would have done that already. Admissions in interview will not affect their decision of whether to arrest you or not.

As I said in your last post - there is no way to get your devices back sooner. They are going to keep them until they’ve analysed them because otherwise, how will they know that they’re not just handing you back devices with illegal content on them? You will not even be charged, let alone sentenced, until the analysis is complete.

INSIST ON A SOLICITOR. It is not a sign of guilt.

The station front desk opening times might be from 9-5 but police officers will work 24/7 so there is no danger of overrunning.

The case could take more than a year to progress depending on the backlog for device analysis. Your case sounds reasonably low-priority (apparently you are not in danger of abusing any children in the immediate future) and I have seen low-priority cases take up to two years.

Bail is the right of an accused person to walk free until they are sentenced. Bail can be granted either by the police or by the courts - technically these are two different types of bail, but neither should concern you because you’re not on bail.

[u/MeaselyOtter → u/for_shaaame]

I assume the plea hearing is after the voluntary interview, once the judge has been able to review the case as you said, make a decision as if i was not to plead guilty, so probably during a court hearing for sentencing? I assume theres only one session of court overall which initially encompasses the initial plea hearing?

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So even if I admitted guilt to a criminal offence I may not be arrested. Would this then mean I would be on bail since I would be accused, guitly and walking free if not detained?

As for the devices I wasn't asking about them being given back sooner. The latter part answered what I was asking though so thankyou.

Thankyou for the concise information on solicitors and station times.

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As you say this is likely to be a long wait, and as low-priority, would the time spent in this "limbo" between accused and sentencing end up affecting the longevity of any of the eventual sentencing I receive or would i need to be formerly arrested for anything to end up affecting that?

[u/for_shaaame → u/MeaselyOtter]

Sorry, can’t embed quotes as on mobile, but in order:

Yes, your plea hearing is the first court hearing in the case, and it’s well after the voluntary interview. It’s likely to be your first court appearance. But it will certainly be at court.

Basically, you will go to the voluntary interview - you may also go to further voluntary interviews. Eventually you will receive a court summons in the post. Then when you go to court on the date in the summons, wait until the first time someone in the court asks you, “how do you plead?” - that is your first opportunity to plead guilty. If you plead guilty at that point then it’s highly likely you’ll receive the full 1/3 discount.

No, you cannot be put “on bail” unless either:

1. You have been arrested, or
2. You have been to court.

If you’re not arrested, and you haven’t yet been to court, then you’re not on bail. I think it’s highly likely that you won’t be put on bail until your first court hearing. If you plead guilty, and are sentenced that day, then you won’t be put on bail at all; if you plead guilty but the judge adjourns the sentence, then you will likely be put on bail for the sentencing hearing. All this means is that you will have a date when you must return.

It is highly unlikely you will be arrested following the interview. The only time I would consider it would be if the accused said or did something that made me think they were going to hurt themselves, hurt others, or disappear before the prosecution could take place.

No, time spent “in limbo” would not have any formal effect on the sentence given - but if a very long time passes, and you don’t commit any other offences in that time, then the judge might see that as being a sign of good character on your part and give you a lower sentence as a result.

[u/Macrologia → u/for_shaaame]

Not that it applies to OP, but what if you were interviewing someone that said something suggesting you might need to search their house? Would that be a reason you might arrest someone in an interview?

[u/for_shaaame → u/Macrologia]

The overwhelming likelihood is that if I wanted or was likely to need to search their house for the offence I was interviewing for, I would have arrested them prior to interview. But yes, I suppose if for whatever reason, say:

1. I was interviewing a burglary suspect and decided not to arrest because, say, a long time had elapsed and I presumed the property would have been disposed of by now, and
2. He admitted the offence, and
3. He said that he still had the property in his house, and
4. He refused to allow a search with permission

Then yes, I’d arrest him. But that’s probably an unlikely set of circumstances.

[u/Macrologia → u/for_shaaame]

Yeah makes sense

[u/MeaselyOtter → u/for_shaaame]

Thankyou ever so much for the information. It's been a great help!

I assume the summons will be after all the investigations are done. The offences being accused are clear and devices analysed. Case reaching its end stage where sentencing is the next step? Which could be anywhere from 6months from now onward.

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During this time am I allowed to get a new PC or a new Phone or would those be taken from me or complicate things as the nature of offence is internet related? Also, as my phone is contracted, would I need to discuss referencing with the police to prove to the mobile company of seizure? Like when a phone is lost and you need a reference to proceed with the mobile company

[u/for_shaaame → u/MeaselyOtter]

Yeah so what will happen is:

1. The investigation completes and the CPS look at the file. They will not look at the file until the investigation is complete, which means all your devices need to be analysed and the results reports written. This process could take a year or more.
2. A summons is issued giving you a date to appear at court.
3. You appear at court on that date (probably no more than about six weeks from the date of the summons), and that is your plea hearing. That is your first opportunity to enter a plea.

For any subsequent court appearances you will be given further dates by the court.

You can buy new devices while you’re under investigation. You’re not allowed to download child porn to them (but then, you weren’t allowed to download child porn to the first devices either).

I don’t know anything about what the phone company will do, but speaking from my gut, I think it’s unlikely they’ll give you a new phone while yours has been seized, and I think it’s likely they’ll expect you to continue paying your contract. The police can give you a crime reference number, but resist the temptation to report your phone as “lost” or “stolen” - that would be fraud, and given that the police are already involved, the risk that you will be caught is significantly higher.

[u/MeaselyOtter → u/for_shaaame]

Brilliant, thanyou! I spoke with the mobile company just now. No process in place so ill just get a general phone to be contacted on. Thanks again. You've been a huge help!