Indecent Images Solicitors.

An indecent image is an image or video that is pornographic in nature, which features either children or an extreme element. The Crown Prosecution Service (CPS) labels it as images that are solely created for the purpose of sexual arousal.

There are two types of pornography that fall under indecent images:

Child pornography

Child pornography encompasses indecent images or videos that involve children, specifically people under the age of 18. Typical examples of this include:

• A person over the age of 18 creating, possessing or sharing indecent images of a person under the age of 18.
• A person under the age of 18 that creates, possesses or shares indecent images of either themselves or another person under the age of 18.

You don’t have to willingly receive an image to be accused of possession of an indecent image.

Extreme pornography

Extreme pornography relates to an offensive or disgusting indecent image or video that is portrayed in an explicit way. Examples of this are:

• An act that can cause serious harm or loss of life.
• An act that is non-consensual.
• Bestiality.
• Necrophilia.

For extreme pornography to fall under an indecent images offence, a reasonable person must believe it to be real.

Possessing, making or distributing indecent images is a criminal offence in the UK under The Criminal Justice Act 1988 and The Protection of Children Act 1978.

Charges of creating, possessing, or distributing indecent images are amongst the most serious of criminal charges. Aside from the legal consequences, there are other considerations that may affect your life, including:

1. Losing your job if you work with children or require a clean DBS record
2. Registration on the Sex Offenders Register
3. Irreparable damage to your professional reputation
4. Restrictions on where you can travel to
5. Requirements to notify the police of any overseas travel, or movements with under 18s
6. Being subjected to a Sexual Harm Prevention Order, restricting your movements and privacy

Sometimes it can be possible to have charges of indecent images discontinued either during any investigation or at Court. Our criminal defence solicitors will hold a strategy session with you to understand your side of the story, and consider which defences may be possible.

Common defences for indecent images include:

1. Arguing that you were not the person who downloaded, viewed or possessed the images or were not the only individual with access to a device or network
2. Questioning whether the images meet the legal threshold of an indecent image, i.e. whether the individual depicted was a minor, or whether the contents of any image or images meant they should be classified as an indecent image
3. Contesting whether you had any knowledge that the images existed
4. Challenging the way in which any evidence to be used against you was collected, or its reliability

However, if it isn’t possible to have charges dropped, it may be possible to put forward an argument for mitigation, or lessening, of any potential penalties.

The sentencing for indecent images depends entirely on the type and severity of the offence. For example, the maximum sentence for possession of indecent images is 5 years imprisonment, whereas the maximum sentence for taking, making or distributing indecent images is 10 years imprisonment. To determine the type and level of severity of your indecent images case, our solicitors have produced a guidance table below:

We’ll work with you to understand your specific case. When it comes to allegations of indecent images, we’ll have a free consultation with you in the first instance and, where possible, we’ll provide you with a fixed fee defence estimate so you’ll know exactly what you’re paying and for what.

In any case where you’re facing an indecent images charge, you should always consider instructing a solicitor to ensure you avoid any avoidable yet costly mistakes. Our indecent images solicitors can help you with all of the following:

• Representation during questioning
• Guidance on whether you should consider taking a plea deal
• Making applications for bail
• Preparing your case for trial
• Representing you in court
• Creating appeal applications, where necessary

To contact one of our criminal solicitors, please call us on 020 3007 5500.