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The law in relation to sexual offences is vast and often complex, especially those concerned with the possession of indecent images of children.
Attendance at the Police Station with a specialist indecent images solicitor is crucial. We assess the strength of the case against you and, instruct forensic experts to examine computer technology using the latest techniques available.
We live in a world governed by social media and the use of the internet. This technological change has resulted in many individuals who, previously would have never been involved in the criminal justice system, are now finding themselves embroiled in it, especially in relation to the possession of indecent images of children, or other types of extreme pornography.
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What does making and distributing indecent images mean?
Section 1 of the Protection of Children Act 1978 created offences in relation to the taking, making, distributing, showing, publication and possession of indecent images of children. These offences are triable either way but are predominantly heard in the Crown Court.
It is an offence for a person to take, permit to be taken, or make any indecent photograph(s), or pseudo-photograph(s), of a child. In addition to this, it is also an offence to possess, distribute, or publish such indecent images with a view of them being distributed or shown to another.
For the purposes of the Protection of Children Act, a person is said to have distributed an indecent image if he/she parts possession or exposes it, or offers it, to others.
Possession of Indecent Images of Children
This relates to having custody and control of indecent images stored on a device. It is the least serious of the categories; however, it does require a mental and physical possession.
Distribution of Indecent Images of Children
This involves parting with possession of indecent images or offering it to another person. This includes allowing it to be accessed via file-sharing programmes online, such as peer-to-peer (P2P) file sharing networks.
Production of Indecent Images of Children
This relates to creating the original image. It can also include downloading an image onto your advice.
What is an indecent image?
An indecent image is any sexual image of a child (anyone under the age of 18). To be classed as an indecent image in UK law, it must feature nude or partially clothed children, or any child posing sexually in self-generated images. Whether material is ‘indecent’ is for the jury to decide, but examples include;
- Nude or partially clothed children
- Children sexually posing
- Self-generated sexual images by children (selfies)
- Images depicting children engaging in sexual activity
What are prohibited images?
The term ‘prohibited image’ refers to non-photographic images of children, including computer-generated images (CGI’s), cartoons, manga images and drawings.
Section 62(2) to (8) sets out the definition of possession of a prohibited image of a child, defining it as a ‘pornographic image’ that is deemed to be ‘grossly offensive, disgusting or otherwise of an obscene character.’
What are extreme images?
Extreme images are images that meet the following criteria:
- Pornographic (i.e. explicitly for sexual arousal).
- Grossly offensive, disgusting or otherwise of an obscene character
- Portrays in an explicit and realistic way any of the following:
- An act which threatens a person’s life, or
- An act which results, or is likely to result, in serious injury to a person’s anus, breasts or genitals, or
- An act which involves sexual interference with a human corpse (necrophilia), or
- A person performing an act of intercourse or oral sex with an animal (whether dead or alive) (bestiality), or
- An act which involves the non-consensual penetration of a person’s vagina, anus or mouth by another with the other person’s penis or part of the other person’s body or anything else (rape or assault by penetration)
- A reasonable person looking at the image would think that the persons or animals were real.
What defences are available if charged with such an offence?
- It is a defence to show that the person accused had a legitimate reason for distributing or showing the image,
- It is a defence if the person accused had not seen the image themselves and did not know, nor had course, to suspect them to be indecent.
- It is a defence if the images were downloaded as part of a bulk download of vast material from a third-party site and the accused was not aware that such images were part of the download.
- If the accused did come to be aware that such images existed and made efforts to delete the images immediately.
- If the device containing the indecent material was not exclusively used by the accused, our defence computer experts will be instructed to find what actions were performed by the accused and what were done by others.
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If you are arrested and taken to a police station, this can be a very frightening and overwhelming experience, if you are unaware of the procedures and protocols.
The decisions you make at the police station can be crucial and detrimental to your future. It is imperative that you request for Tyler Hoffman Solicitors at the first available opportunity so we can further protect your position from the point of initiation.