Indecent Images

Indecent photographs or pseudo-photographs of children is as follows:-

  • To take or permit to be taken or make any such photograph
  • Distribute or show any such photograph.
  • Have in his possession any such photograph with a view to it being distributed or shown by himself or others.
  • Publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows any such photographs or intends to do so.

This is a complex area of law and you should instruct specialist indecent images solicitors to ensure that you have been charged with the correct offence based on the allegation.

The offence is an either way offence, which means it can be heard in the magistrates’ or crown court, depending on the seriousness of the offence.

The sentencing powers of the magistrates’ court are limited to a custodial sentence of six months.

More serious offences would be committed up to the crown court, where they would be punishable on indictment with up to ten years’ imprisonment.

It is also an offence for a person to have any indecent photograph or pseudo-photograph of a child in their possession.

It should be noted that “possession” involves both a physical and mental element, as follows:-

  • The physical element is that a person must have custody and control of the photographs stored on a device in order to possess them
  • The mental element is knowledge. A defendant must knowingly have custody and control of the photographs found on the device in question.

The offence is an either way offence, which means it can be heard in the magistrates’ or crown court, depending on the seriousness of the offence.

The sentencing powers of the magistrates’ court are limited to a custodial sentence of six months.

More serious offences would be committed up to the crown court, where they would be punishable on indictment with up to ten years’ imprisonment.

It is therefore a very serious matter and it is vital that you seek specialist help from our indecent images solicitors.

If a person is charged with the above offences, are there any defences?

Yes.

You should be aware that defending a case like this is highly complex and technical, and you will need help from our indecent images solicitors.

There are five statutory defences.

In brief, the five statutory defences are as follows:-

  1. legitimate reason
  2. ‘lack of awareness’
  3. unsolicited photographs
  4. marriage and other relationships
  5. criminal proceedings and investigations

Spartans Law are experienced in this field and understand both the technical aspects of the law in this field and the technological difficulties and mistakes commonly made when inspecting and analysing electronic devices.

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