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Indecent Image Distribution Case
Summary
Evidence in your case may be challenged due to procedural issues, such as failure to provide a seizure list, not informing you of ICO rights, potential bail period violations, and compliance with RIPA for phone PIN requests. However, these issues do not guarantee evidence dismissal. It is crucial to consult a solicitor for specific legal advice on how to challenge the evidence in court effectively.Full Conversation
firstly are you built for uk or us law
Hello Rich, I can provide general legal information for both UK and US law. Since you are located in England, I will provide information based on UK law. How can I assist you with your legal issue today?
Arrested for indecent image distribution. Image sent via snapchat. snapchat have flagged it as a caid image and sent to nca. they have identified the ip address and sent to local force. arrested 11 months after the offence. Devices seized and triaged. Interviewed. Evidence presented was a number of links to a file sharing platform which had been shut down due to cse or beastality breaches. Internet searches for incest porn, simpsons porn. one link with legal and illegal images. access to an extreme porn site
* addresses were searched under section * pace. at neither location was there a list left with the siezed items
Hello Rich,
Under Section * of the Police and Criminal Evidence Act (PACE), officers are required to provide a list of seized items at the location of the search or as soon as practicable thereafter.
- You should be provided with a copy of the seizure list.
- If this did not happen, you may contact the investigating officer or the custody officer to request the list.
Would you like more detailed information on the procedures or how to file a complaint?
Under Section * of the Police and Criminal Evidence Act (PACE), officers are required to provide a list of seized items at the location of the search or as soon as practicable thereafter.
- You should be provided with a copy of the seizure list.
- If this did not happen, you may contact the investigating officer or the custody officer to request the list.
Would you like more detailed information on the procedures or how to file a complaint?
in addition to that i was not informed of my rights under the ico before my devices were examined
Hello Rich,
Under UK law, you have the right to be informed of your rights under the Information Commissioner's Office (ICO) when your devices are examined.
- Officers should explain the purpose of the data examination and your rights.
- You may request this information from the investigating officer or the custody officer.
Would you like more detailed information on how to proceed or file a complaint?
Under UK law, you have the right to be informed of your rights under the Information Commissioner's Office (ICO) when your devices are examined.
- Officers should explain the purpose of the data examination and your rights.
- You may request this information from the investigating officer or the custody officer.
Would you like more detailed information on how to proceed or file a complaint?
the initial bail lasted 11 days longer than the 3 months allowed. when the inspector extended it, it was reset to the applicable bail period correctly
Hello Rich,
Under the Police and Criminal Evidence Act * (PACE), the initial bail period is limited to 28 days, extendable to 3 months with Superintendent approval. If extended beyond this period:
- It must be approved by a Magistrate.
- You should receive a written notice of the extension and reasons.
- If not followed, you may contest the bail conditions.
Would you like more information on how to challenge the bail extension?
Under the Police and Criminal Evidence Act * (PACE), the initial bail period is limited to 28 days, extendable to 3 months with Superintendent approval. If extended beyond this period:
- It must be approved by a Magistrate.
- You should receive a written notice of the extension and reasons.
- If not followed, you may contest the bail conditions.
Would you like more information on how to challenge the bail extension?
when arrested i was cautioned. prior to arriving at the station i was asked for the pin number for my phone which i provided
Hello Rich,
In the UK, when asked for your phone PIN, it falls under the Regulation of Investigatory Powers Act (RIPA). Here’s what you need to know:
- Officers need authorization to demand your PIN under RIPA.
- You should be informed of the legal basis for this request.
Would you like more details on your rights under RIPA or how to proceed?
In the UK, when asked for your phone PIN, it falls under the Regulation of Investigatory Powers Act (RIPA). Here’s what you need to know:
- Officers need authorization to demand your PIN under RIPA.
- You should be informed of the legal basis for this request.
Would you like more details on your rights under RIPA or how to proceed?
given all of the above issues, is evidence likley to be dismissed
Hello Rich,
Given the issues mentioned, evidence may be challenged but not automatically dismissed. Key factors include:
- Failure to provide a seizure list under Section * PACE.
- Not being informed of your ICO rights.
- Potential bail period violations.
- Phone PIN request compliance with RIPA.
Consult a solicitor for specific advice on challenging this evidence in court.
Given the issues mentioned, evidence may be challenged but not automatically dismissed. Key factors include:
- Failure to provide a seizure list under Section * PACE.
- Not being informed of your ICO rights.
- Potential bail period violations.
- Phone PIN request compliance with RIPA.
Consult a solicitor for specific advice on challenging this evidence in court.
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