Indecent Images Offences

Being prosecuted for possession of indecent images can have disastrous consequences on your career, personal life, and reputation. If you are convicted, you may face a custodial sentence and be forced to sign the sex offenders register.

If you have been arrested on suspicion of producing, possessing, or distributing indecent images, urgent legal advice from experienced indecent images solicitors like ours is vital to assist you in defending the allegations and dealing with the emotional distress they can cause.

Our team of expert indecent images solicitors specialise in defending individuals facing accusations of indecent images offences. We have a proven track record of successfully defending indecent images prosecutions and will work tirelessly to secure the best possible outcome while offering you the emotional support and guidance you need.

We can assist you with defending charges of all types of indecent images offences, including:

• Making an indecent image
• Possession of an indecent image
• Distribution of an indecent image

Contact our solicitors for indecent images today in London (West Drayton) on 01895 449288 or in Hertfordshire (St Albans) on 01727 840900 or email us at info@wellsburcombe.co.uk.

Indecent Images FAQs

What are indecent images?

There is no legal definition of an ‘indecent image’; it is up to a jury to decide in any given case whether the images in question are indecent. Most cases involve indecent images of children, but as technology evolves, so too does the scope of the law in this area.

This lack of clarity sometimes causes the police and prosecution to incorrectly classify images as ‘indecent’ when they arguably are not. Our indecent images lawyers regularly successfully defend clients charged with indecent images offences by showing that the images are not, in fact, indecent.

What are the different types of indecent images offences?

The different types of indecent images offences can be broadly broken down into the following three categories:

1. Possession of indecent images

Possession of indecent images involves storing them on a device or viewing them online, whether or not you were aware that they might be indecent.

2. Making indecent images

The offence of making indecent images is interpreted broadly by the Courts. It covers not only creating an indecent image but can also relate to printing, photocopying, or downloading one, or even accessing a website on which the images appear automatically.

3. Distribution of indecent images

The Court takes an extremely dim view of cases involving the distribution of indecent images. Examples of the types of acts that may constitute sharing indecent images offences include texting or emailing the images to others or uploading them onto a site that others can access.

Crucially, the mere fact that a device you use contains indecent images does not make you guilty of one of the offences listed above. For example, you may be able to defend the allegations by challenging the suggested age of the people depicted in the images or proving that you share the device with others and the images are not yours.

What are the three categories of indecent images?

Indecent images are broken down into the following three categories:

• Category A is the most severe category and covers extreme images, such as those involving penetrative sexual activity or sexual activity with an animal.
• Category B covers images depicting non-penetrative sexual activity.
• Category C covers any other type of indecent image, such as those showing erotic poses.

What is the sentence for possession of indecent images?

The sentence you will likely receive if you are charged with possessing indecent images depends on various factors, including the category into which the images fall, your conduct, your previous record and whether you exhibit genuine remorse.

The indecent images sentencing guidelines provide a range of suggested penalties for making, possessing, and distributing indecent images. Offences involving Category A images usually warrant custodial sentences, ranging from 26 weeks upwards for possession to up to 9 years for production. Category B offences can result in anything from a High-Level Community Order for possession to 4 years’ custody for production. Category C, which covers the least serious crimes, usually results in a Community Order but can warrant up to 3 years imprisonment if the circumstances warrant.

It's important to remember that the indecent images sentencing guidelines are just that – a guide. When deciding on the appropriate sentence, the Court will take account of all relevant factors at play in the case and adjust the sentence accordingly. Examples of the types of factors the Court may consider include the following:

• Whether you have shown genuine remorse
• Previous convictions
• The age and vulnerability of the child depicted

Our indecent images solicitors will review the circumstances of your case and provide clear, honest advice on the likely outcome. We will work hard to identify any factors that may reduce your sentence and argue forcefully for the most lenient penalty possible.

What evidence is needed in an indecent image case?

The onus is on the prosecution to prove their case against you. To do so, they will gather evidence. The types of evidence they collate will depend on the nature of the offence but may include the following:

• Evidence to prove the age of the child depicted in the images.
• Evidence of the search terms you used to access the images.
• For possession offences, evidence that you knew about the indecent images on your device, for example, the fact that you held them in a folder that identify the material.
• For distribution offences, evidence showing who you sent the images to and how.

How do police investigate indecent images?

The first time you will become aware that the police are investigating you in connection with indecent images offences will likely be when they turn up on your doorstep. Before doing so, they will usually have obtained a warrant to seize your devices, which they will take away to examine for any indecent images. This process can take many months, during which time you must seek legal representation. As soon as you instruct our indecent images solicitors, we will contact the police to ascertain how long their investigations will likely take and ensure that any future contact be made through us to save you further embarrassment.

How long do indecent image cases take?

It’s impossible to say how long any given case will take since so much depends on factors such as the type of device in question and the resources of the local police force. Generally speaking, indecent images cases tend to be lengthy because they necessitate a forensic examination of your digital devices. These examinations are typically completed within six to twelve months, although they may take considerably longer.

If you are facing charges in connection with indecent images offences, our indecent images lawyers, with their extensive expertise and experience in this niche area, can help. We are proud of the feedback we have received from clients, noting our ‘sensitivity’ and ‘exceptional client care’. Our indecent images solicitors will guide and support you throughout the process and work hard to achieve the best outcome.

Contact our indecent images solicitors in West Drayton and St Albans

If you are interested in working with our indecent images solicitors, contact our team today in London (West Drayton) on 01895 449288 or in Hertfordshire (St Albans) on 01727 840900 or email us at info@wellsburcombe.co.uk.