Court Hearing

[Van123]

I have been summoned to court because the police questioned me about reporting someone anonymously ten times so they are sending me to court on a harassment charge as they say they were sent from my internet ip address, I know nothing about this so is that enough evidence to be charged in court as anyone could of done that

[woofgang]

Does anyone else have access to your computer

[Barmaid]

Not enough information. Did the police seize your computer? And what exactly are you charged with?

[Van123]

Hi the police didn't say it came from my computer they said it was traced through my ip address back to my internet account, but someone could of done this logged onto my wifi using their own phone easily of which I have told the police but court hearing is end of month, computer not looked at or asked for

[fiction-factory]

So was it done on a forum or by email or Facebook etc? If a forum is it one where the sender has to sign in? We need more info i think

[Van123]

It was sent via an nspcc webpage where you can report anonymously, u don't have to fill in your name address details etc ,you can bypass that, I haven't seen the evidence my solicitor has requested it but said they don't have to give it until about five day's before but as far as I know THE police r only going on the ipphone address linking it to me ,surely that isn't enough to go on to charge me on the day as anyone could of filled the form in via WiFi

[Buenchico]

Nobody can access your wifi if it's password-protected and all ISPs normally provide routers with a password already on them. So it's unlikely that anyone else has hacked into your account.

It's far more likely that an administrative error has occurred. There was a case in the media a few months ago where an innocent guy's life had been turned upside down when the police raided his home because they believed that child porn had been downloaded from his IP address. It eventually turned out that, when the reporting agency had given the IP address to the police, one digit had been omitted, resulting in the police pursuing the wrong person.

[fiction-factory]

I think your solicitor is in the best position to advise you on this.
I'm curious though as to whether you know any of the parties involved or whether it is a mistake along the lines of Buenchico's post where the other parties are complete strangers to you

[goodgoalie]

Exactly, ff. Are these people completely unknown to you? If so there is absolutely nothing to worry about and it must be a mistake on their part, as Chris suggests; if you do know them, would you have had any reason to report them?

[Van123]

It is someone I work with that was reported and someone else could of done it logged to my Wi-Fi they only need the password once then it logs in automatically, do the police not need to provide the evidence more than five days before the hearing so I cam check the dates so I can see if I was home as I don't know anything about this my computer not been asked for

[Peter Pedant]

I cant work out if your view is [you havent done it - - - - OR
the police dont have enough to show you did it


[Like the girl who said I was in her garden one night when.....
I was in London ( no she doesnt live in L). We still dont really get on well. - we still do tableaux in the street where she looks: "you really were there you Know" and I look "London!"]

[Van123]

I asked if it was enough evidence and I have stated I didn't do it

[Peter Pedant]

None of us can work out where you are to be honest

If you are summoned to court and have a lawyer then you are set for a case - but also as part of it you should know waht the charge is

if you have not been charged then there should be no court date or case. the charges could be - wasting rozzer time - misuse of computers - harassing - attempting to pervert the course of justice ( very unlikely) any or all
the decision on sufficient evidence is taken by the CPS
the criterion is whether they have a reasonable chance of winning

[Van123]

Its an harrasement charge and I have a court date, then issued a summons for me to go to court and answer what they want to charge me with, I will plead not guilty, its a summary only offence so being heard in magistrates court but as im pleading not guilty I hope it doesn't go to crown court

[Peter Pedant]

good ( or bad )
so the answer to

is that enough evidence to be charged in court as anyone could of done that

is - - yes they think that there is enough to be going ahead

Your lawyer will know well they have to show the charge
and you dont have to show anything. - that is you dont HAVE to prove innocence. but it helps if you can. (I didnt HAVE to show I was in London but I knew it would completely skewer or short-circuit her case that I was in her garden if I could). Stick with your lawyer - he seems to know his stuff

[Van123]

Ok. So how do I prove it wasn't me that

[New Judge]

"Ok. So how do I prove it wasn't me that"

You don't have to prove anything. The prosecution has to prove that you are guilty.

[Peter Pedant]

Thx NJ straight from the horses mouth

they have to prove it was you
you dont HAVE to prove it wasnt you - thank god - as proving a 'not' or a negative can be damned difficult

[Peter Pedant]

// Ok. So how do I prove it wasn't me that....[ didnt do it]//

well proving you were on holiday at the time would be OK
having a till receipt of a food you usually eat from around the corner at the time the email was sent would be another good one.

but it sounds as tho you might have been at work and logged on at a terminal at the time these things happened