In this article
Police data shows that in 2022/23 there was a 25% increase in indecent image offences. Alongside this, we’ve also seen a rise in public awareness and anger following ‘celebrity cases’ such as Jimmy Savile, Chris Langham, and more recently Huw Edwards.
In this article we explain what indecent images are. We also cover what constitutes category A, B, and C images, sentencing guidelines, and the possible defences for possessing them.
Looking to cut to the chase? If you are under investigation for making, possessing, distributing or producing indecent images and need advice from a criminal solicitor, call us on 0203 007 5500, or submit a contact form.
What is an indecent image?
In simplistic terms, an indecent image is an image that shows children and other vulnerable individuals in a sexual way. Some common image offences include:
- Extreme pornography
- Children who are naked or partially naked
- Children performing sexual acts alone; with adults, children and/or animals
- Possession of unsolicited images showing sexual acts being committed on an animal
- Pornographic pseudo-photographs of children.
It’s key to note that indecent images are not exclusive to images of children which are people below the age of 18 in England and Wales. Indecent Images can be of animals being subjected to sexual acts (bestiality) and can also depict vulnerable adults being subjected to gross assault and sadism.
Pseudo-photographs are images made by computer graphics or other technologies and include AI-generated images, anime, and edited images. The law applies in the same way regardless of the format.
There is no set-in-stone definition for “indecent”. It is a matter for the jury to consider the issue of indecency with reference to an objective test.
This means the jury will look at the image/video and decide if it is indecent based on the relevant guidelines. They will ignore their personal views, the circumstances of how the photo was taken, and the motive of the taker.
What is an objective test?
An objective test is a method used to evaluate a person’s actions or behavior based on external criteria of reasonableness rather than their subjective state of mind or intent.?
What are the different categories of indecent images?
Indecent images are classified into three different categories – A, B, and C. These groups are based on various factors including the severity and content of the image. Each of these categories has their own sentencing guidelines and punishments
What are Category A images?
Category A indecent images depict the most severe forms of sexual abuse. This category includes images involved in penetrative sexual activity, as well as images involving sexual activity with an animal or sadism.
What are Category B images?
Category B indecent images are moderately severe. They show images involving non-penetrative sexual activity.
What are Category C images?
Category C indecent images are the least severe of the three categories and can contain images of children in erotic or sexual poses.
What is sadism?
Sadism is a term used when an individual receives sexual gratification from inflicting pain on another person.
Talk to us now. Save costs further down the line.
Save yourself potentially thousands of pounds by seeking advice now. Speak to us today for more information.
Lines open 24/7
0203 007 5500
What can you be charged with in terms of Indecent Images?
You can be charged with a variety of offences relating to indecent images. Each offence carries its own sentencing guidelines and consequences. Typically, making indecent images is often tried under possessing indecent images and carries the same sentencing guidelines and repercussions to possession.
You can be charged with;
- Making Indecent Images
- Possessing Indecent Images
- Distributing Indecent Images
- Producing Indecent Images
What does ‘to make’ mean?
“To make” doesn’t mean that you assisted in the filming or creation of indecent images of children. The courts have broadly interpreted it, and it may include any of the following:
- Opening an attachment to an email containing an image,
- Downloading an image from the internet to a computer,
- Storing an image on a computer,
- Accessing pornographic websites that contain or have pop up including indecent images,
- Receiving a picture on social media, even if it’s unwanted and even if you’re in a group.
- Live streaming images of children.
The maximum sentence for ‘making’ an indecent image of a child is ten years imprisonment. Further to developments in case law, the Crown Prosecution Service can charge suspects with ‘making’ indecent images under s.1(1)(a) of the Protection of Children Act 1978.
What to do if someone sends you indecent images
If someone has sent you indecent images of a graphic nature you should do the following:
- Do not respond to the message
- Report the matter to the police or the Child Exploitation Online Protection Centre (CEOP).
Whilst the images can be distressing, it’s best not to delete anything until you’ve spoken with the police as they may be needed as evidence.
How does “to make” differ from “possession”?
To claim possession, the prosecution must prove that the images are within the accused’s custody, either digitally or physically, and they are capable of accessing them.
The prosecution can charge the accused with possession without them knowing the images are indecent.
For example, someone might ask an individual to store or transport a device containing indecent images.
One of the key differences between “making” and “possessing” indecent images is that to “make” an indecent image you only need to knowingly access an image. Whereas to “possess” an indecent image you must store an image yourself.
Sentencing guidelines
Sentencing can vary from case to case and is dependent on a variety of factors including previous convictions, remorse, commercial exploitation, volume of victims, and more.
As a basic oversight, The Sentencing Council outlines the below guidelines.
| Possession | Distribution | Production | |
|---|---|---|---|
| Category A | 26 weeks’ – 3 years’ custody | 2 – 5 years’ custody | 4 – 9 years’ custody |
| Category B | High-level community order – 18 months’ custody | 26 weeks – 2 years’ custody | 1 – 4 years’ custody |
| Category | Medium-level community order – 26 weeks years custody | High-level community order – 26 weeks’ custody | 1 – 3 years’ custody |
What defences are there for possession of indecent images?
Individuals can offer legitimate reasons for possessing indecent images in some instances. They are;
Legitimate Reason
The accused may offer a legitimate reason for possessing the images.?
You could have photos of your children that are meaningful to you, or images captured to track a medical condition, rash, or allergy.
There was a case, Atkins v DPP; Goodland v DPP [2000] 2 Cr. App. R. 248, where the defendant argued the defence of legitimate reasons on the basis that they were conducting research into child pornography.
Marriage and Other Relationships
There is an argument available for possessing indecent images when the child is aged 16 and over and the defendant is married to, or in a civil partnership with, them.
Lack of Awareness
In this defence, the accused must prove that they had not seen the images themselves and did not know nor have any reason to suspect that the images were indecent.
Facing indecent images charges?
Don’t worry, we’re here to give the advice you need when you need it. Just contact us to arrange an appointment.
Lines open 24/7 0203 007 5500
What happens if the court finds you guilty of indecent image charges?
People convicted of or who plead guilty to indecent image charges can encounter a range of restrictions and repercussions.
Depending on the charge, the category of images, and the individual’s previous record, either a prison sentence or community order will often follow immediately after their conviction.
Does an indecent images charge lead to my name being on the sex offenders register?
The authorities will likely place them on the Sex Offenders Register (SOR). If placed on the register the offender must notify the police of their;
- Full name
- Date of birth
- Address (including their usual home address or any premises in the UK at which they regularly reside or stay)
- National Insurance Number
- Passport details (or other identity documents)
- Details of bank and building society accounts
- Details of debit cards and credit cards in their name, jointly owned with a partner or held in the name of their business
They must also notify the police if any of these details change.
If a judge sentences someone to over 30 months in prison, the person will likely stay on the SOR indefinitely. If the prison sentence falls between 6 and 30 months, the judge will add 10 years on the SOR. For sentences shorter than 6 months, the registration will last up to 7 years.
One of the biggest concerns for people placed on the Sex Offenders Register is employment. You might not need to reveal the specific offence to an employer if the conviction is spent, but the requirements will vary depending on the role and employer.
If a court convicts you, it will set a specific ‘rehabilitation period.’ Once this period elapses, the law will regard the conviction as spent. You will remain on the SOR after this point however you will not need to disclose your convictions to an employer depending on the circumstances.
Read our blog, What happens if my name is added to the sex offenders register? to learn more about the Sex Offenders Register.
How can Britton and Time Solicitors help?
If you are under investigation for making, possessing, distributing and/or producing indecent images it is imperative that you consult a solicitor early on.
A conviction can leave lasting marks on your record which can, in turn, affect your life and career.
In an initial consultation Britton and Time Solicitors will offer you:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 0203 007 5500.
0 Comments