Summary
Our youth client was arrested and subsequently pleaded guilty to three charges relating to downloading, creating and sharing indecent images of children (IIOC). Prior to his sentencing, the CPS notified our team that they intended to apply for a sexual harm prevention order (SHPO), which would significantly impact our client’s future. Thanks to the strength of Partner Dawn McKnight’s representations, the court was ultimately convinced not to impose a SHPO.
Details of the Case
At the time of his offending, our client was 15 and was a user of Discord, which is where the indecent images had been uploaded. He was diagnosed with ADHD as well as social communication difficulties and would spend most of his time on the computer.
Alongside downloading indecent images from Discord, there was evidence to suggest that our client had been using fake profiles where he pretended to be a 12-year-old girl. From this profile, he would engage third parties in sexual conversation and image-swapping. A high number of indecent images of our client were also created and shared with third parties.
Our client was interviewed voluntarily, where he made full admissions of his offending and showed that he had a clear understanding of IIOC and the illegality of his actions. He also talked extensively about his remorse and his feelings of guilt.
Our Defence
Partner Dawn McKnight represented our client on privately funded basis. Our client’s case was aggravated greatly by the high percentage of category A images of child sexual abuse material (CSAM), meaning our client was at risk of receiving a Detention and Training Order which is a youth prison sentence. Although our client had made full admissions, Dawn compiled extensive mitigation in our client’s defence to secure a less severe sentence. Here she referred to his age, feelings of remorse and learning difficulties.
Dawn also encouraged him to complete educational programmes to address his offending. On her recommendation and prior to receiving a postal requisition, our client completed a Lucy Faithfull programme which focused on preventing child sexual abuse.
Objection to Imposing a SHPO
Our client’s case was heard at Huntingdon Youth Court, where he entered a guilty plea in relation to all charges. The case was adjourned for sentencing, where the CPS informed Dawn that they would be applying for a sexual harm prevention order (SHPO).
Dawn made a strong application contesting the SHPO, where she cited relevant case law and home office guidance regarding the imposition of a SHPO for youths. If a SHPO were to be imposed, our client would have been automatically required to sign a notification register for 5 years and there would have had a significant impact on his future.
Sentencing
When sentencing our client, the court acknowledged the strength of Dawn’s mitigation and agreed to impose a 12-month Referral Order and did not make the SHPO. Considering the seriousness of the offence, this outcome was very favourable. Without Dawn’s expertise, our client could have faced with a much harsher sentence and been made to adhere to a SHPO.
This case highlights the importance of seeking legal guidance from specialist youth solicitors to ensure the best possible outcome for your child.
Looking for a specialist youth solicitor?
We understand how serious it is when a child is facing a criminal charge and the effect this can have on their future. At Lawtons, we have an experienced team of youth specialists who are experienced in defending children on criminal matters. If a child has been arrested, reach out to us today and let us help guide you through the process. Call us on 0333 577 0522 or visit our enquiries page.
